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The applicant, BEAN & BEAR COMPANY LIMITED, 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.The trademark applied for is carefully designed by the applicant, with the words "THE WEE BEAN" as the distinctive identification part, and the graphics play a decorative role in the trademark and are not the main body of the trademark.
The applied trademark is composed of English "THE WEE BEAN" and graphics, and the graphics only play a background and decorative role. Therefore, other element in the applied trademark, namely the English element "THE WEE BEAN", is the distinctive identification part of the applied trademark. The cited trademarks 1 and 2 are purely graphic trademarks, therefore, the significant parts of the cited trademarks 1 and 2 are all "graphics".
After inquiry, the applied trademark "THE WEE BEAN" means "little bean". In addition, the design of the applied trademark is inspired by the baby names of infants and young children. The applicant wants to share the joy and happiness with newborn babies all over the world by applying for the trademark "THE WEE BEAN" brand. The cited trademarks 1 and 2 are purely graphic trademarks. After inquiries, no relevant usage has been found. Therefore, the cited trademarks 1 and 2 have no clear meaning.
The applied trademark takes a cute and happy baby as the mascot as a whole, and the actual use of the "baby" graphic is depicted in yellow, with rosy cheeks and a heart symbolizing purity and happiness. Its overall color tone is simple, the color matching is comfortable, and it is aesthetically pleasing. Citation trademark 1 is composed of figures, like a fat white man standing in a military posture, his hands are down, his feet are side by side, and his eyes are looking straight ahead. Citation trademark 2 figure resembles a cheerful dancing person, dancing and smiling.
2.There is an obvious coexistence of the cited trademark 1 and the cited trademark 2 in class 24. However, the cited trademarks 1-2 have been successfully registered and have coexisted in the market for many years, without causing confusion and misunderstanding of relevant consumers. Therefore, it can be fully demonstrated that the coexistence of the applied trademark and the cited trademark 1-2 in the market will not cause confusion and misunderstanding of relevant consumers.
3. In this case, although both the applied trademark and the cited trademarks contain graphic elements, their graphic design sources are obviously different. And the applied trademark is composed of English and graphics. The English “THE WEE BEAN” is a prominent part of the trademark. The graphics only play the role of background and decoration, and the overall proportion is very small, which does not affect the overall identification of the trademark. In addition, it can be seen from the above that there are obvious differences in the overall meaning or appearance of the trademark applied for and the cited trademarks, which will not easily confuse the relevant public about the source of the goods or services.
4.The main products of the applicant and the owner of the cited trademark 1-2 are different, and the corresponding consumption fields and consumer groups will also be significantly different. Moreover, there is no geographical intersection between the three, and there is no possibility for the public to access all trademarks at the same time. Therefore, the actual use of the applied-for trademark will not cause confusion and misunderstanding of relevant consumers.
5.To sum up, the trademark applied for is the main brand of the applicant. The applicant adheres to the concept of honest management, and has used the applied trademark logo in a large number in actual use, which has been widely known by the public. There are significant differences between the trademark applied for and the cited trademarks 1-2 in the distinctive parts, representative meaning and appearance of the trademark, which will not cause confusion and misunderstanding of the relevant public at all, and do not constitute similar trademarks.
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.