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BEIJING FINELAND IP FIRM represented "SAMANTHA SUNG" trademark refusal review and rights protection successfully

The applicant SAMANTHA SUNG was not satisfied with the trademark rejection decision issued by the CNIPA, and entrusted BEIJING FINELAND IP FIRM to submit an application for re-examination to the CNIPA in accordance with the law, and the rights protection was finally successful.


 Brief description of the case

 The trademark comparison is as follows:


1.The trademark applied for is carefully designed by the applicant and is highly original and reproducible. The trademark applied for is marked with the inherent English "SAMANTHA SUNG" as the distinctive identification part and the content of the call. The cited trademark consists of a single figure, with the figure as the distinctive identification part. On the call, the call is not clear due to the different understandings of the public.

The applied trademark uses the inherent word "SAMANTHA SUNG" as the distinctive identification part, and the meaning is clear and directional. The graphics in the logo play the role of background and decoration, and are designed around the prominently recognized text below. The content of the text "SAMANTHA SUNG" below is taken from the applicant's name and has clear reference. The first letter of the text at the bottom is designed with double "S", decorated with a black rectangular background outline, and the shadow part is like an inverted cartoon smiling face smiling and crying. The overall figure is shaped like the Chinese character "gold" design, giving people a sense of joy, hope and wealth.

The cited trademark is a single figure. The graphics are taken from the registered trademark "Sharon Island" and the initials "S, L, D" of "SHALONDAO" under the registrant's name, and the whole has a clear reference. The graphic incorporates the letters "S, L, D" and contains the graphic design elements of "Ginkgo biloba". The overall graphic appears to be a luxuriant ginkgo tree growing in a semi-circular fence, giving people a sense of freshness, protection and security.

It can be seen that the application trademark and the cited trademark have different origins and representative meanings, and the composition details and overall appearance are obviously different, which will not cause confusion and misunderstanding by the public at all, and do not constitute similar trademarks.

2.The Trademark Examination Standard stipulates that: If the trademarks are partially similar in graphics, and are likely to cause the relevant public to misunderstand the source of the goods or services, they shall be determined as similar trademarks. However, because the graphic is a common pattern of the product, or mainly plays the role of decoration or background, the distinctiveness of the trademark is weak, and the overall meaning, call or appearance of the trademark is obviously different, and it is not easy for the relevant public to misunderstand the source of the goods or services.

The pattern part of the trademark applied for in this case only plays a decorative role and is less distinctive in the trademark. The trademarks of the two parties have obvious differences in overall meaning, calling and appearance, which fully meet the conditions described in the proviso of the above-mentioned examination standards. Accordingly, it should be determined that the two trademarks are not similar.

3.The applicant "Samantha Sung" has long been a clothing brand under the name, combining bold and unique print designs with modern feminine silhouettes. The applied trademark already has a very high reputation and influence before applying for registration, which fully meets the criteria for identifying a trademark with certain influence. Since its listing, the brand has been loved by clients and frequently appeared on major foreign web pages. After extensive publicity and promotion, the public has a high degree of awareness.

4.To sum up, the graphic elements contained in the applied trademark only play the role of decoration and background in the overall logo. Based on the distinctive identification characters inherent in the applied trademark, the applied trademark is significantly different from the cited trademark presented by a single graphic, which will not cause confusion and misunderstanding by the relevant public at all, and does not constitute an approximate trademark.

According to Article 28 of the Trademark Law of the People's Republic of China, the CNIPA has decided as follows: the application for trademark registration on the review service shall be preliminarily approved.