The applicant, Haiwen Zhaopu Co., Ltd., refused to accept the trademark rejection decision issued by the CNIPA, and entrusted BEIJING FINELAND IP FIRM to submit an application for review of rejection to the CNIPA in accordance with the law, and the rights protection was finally successful.

Brief description of the case

1.There are significant differences between the applied trademark and the cited trademark 1-2 in terms of distinctive parts, representative meaning and design, which will not cause confusion and misunderstanding of the relevant public at all, and do not constitute similar trademarks.

The applied trademark contains a clear English part of "YUGEN", and the English part of "YUGEN" is the conspicuous part of the entire trademark. The "YUGEN" in the trademark application is a fictional English word based on the pronunciation of the Japanese "ゆうげん", pointing to the Chinese word "幽玄". The cited trademark 1 is a purely graphic trademark, and the conspicuous part is "graphic". The cited trademark 2 consists of Chinese "银凯夫丫丫", English "YINKAIFUYAYA" and graphics, and the salient part is "银凯夫丫丫".

The trademark applied for is a combination of graphic and text, presented in complex lines, with a messy beauty, showing the Japanese aesthetic effect of "secret and mysterious". The English part is presented in all capitals, and the letter lines are decorated with serifs, giving people a straight and dignified visual effect. Citation trademark 1 is a purely graphic trademark, with thick and powerful lines, more fluent and firm, giving people a fresh and environmentally friendly visual experience. Citation Trademark 2 is a combination of graphic and text. The Chinese font is Microsoft Yahei. The font is round, without edges and corners, giving people a comfortable visual experience. The English font is flat and neatly written, which is eye-catching. The graphic " " design comes from the flying white dove, giving people a positive feeling of expressing wishes and spreading hope. The graphic "" design comes from the phoenix, giving people a noble visual experience.

The meanings of the applied trademark and the cited trademarks 1-2 are completely different. The English "YUGEN" in the trademark application is fabricated based on the pronunciation of the Japanese "ゆうげん", and the Chinese character directly pointed to is "幽玄", which means "mysterious, esoteric, mysterious, secluded and interesting". The cited trademark 1 directly points to the enterprise requirements of Shandong Yixing Medical Equipment Co., Ltd. insisting on green development, environmental protection and pollution-free production process, and green environmental protection products. The reference trademark 2 means that Dongguan Yinkai Biotechnology Co., Ltd. promotes the product "夫丫丫" to more consumers.

2.Although the applied trademark and each cited trademark contain graphic elements, the design sources of their graphics are obviously different. The graphic part of the applied trademark only plays the role of decoration and background in the applied trademark, and the distinctiveness is weak, and will not cause confusion and misunderstanding of the source of the goods or services by the relevant public. The applied trademark fully complies with the above-mentioned Trademark Examination and Trial Standards and shall be preliminarily approved and announced.

3.According to the Trademark Law, the function of a trademark is to distinguish the source of goods or services. It can be seen from this that the degree of similarity of trademarks is not an absolute condition for determining that two trademarks are similar. As long as the relevant consumers can distinguish the two trademarks, and the applied trademark can play the function and function of guiding the source of goods/services, it fully meets the requirements for trademark registration. Specifically in this case: The characteristics, industry attributes and product fields of the owner of the applied trademark and the cited trademark 1-2 are completely different. There are also many differences in the corresponding relevant consumer groups and the consumer places, consumer groups, and their respective styles and positioning for the products. There is no possibility for the public to have access to each trademark at the same time. Therefore, the actual use of the applied-for trademark will not cause confusion and misunderstanding of relevant consumers.

In accordance with the provisions of Article 28 of the Trademark Law of the People's Republic of China, the CNIPA has decided as follows: The application for registration of the trademark applied for on the re-examined commodity shall be preliminarily approved.