The mark “P.L.A.Y PET LIFESTYLE AND YOU and device” with No.38364180 was filed for registration by its applicant “P.L.A.Y.PET LIFESTYLE AND YOU INC.”,but it was refused for its similarity to 4 prior cited marks. And its applicant was dissatisfied with the refusal decision and entrusted the Beijing Fineland IP FIRM to file a review and succeeded in defending its mark.

Review opinions:

1. Cited mark 4 with No.G546957 was not renewed when it expired, so it shall be invalid, not being conflicting with the proposed mark. And the examiner refused the proposed mark by cited mark 4 based on that less than one year had passed since cited mark 4 became invalid. Therefore the applicant earnestly requested the CNIPA suspend the review until one year has passed since the invalidated date of cited mark 4.

2. The proposed mark is designed uniquely by its applicant, and the words contained “P.L.A.Y PET LIFESTYLE AND YOU”are from the trade name of its applicant. And the applicant made its flagship brand corresponding to its trade name so that the proposed mark can be more clearly directive and promoted and publicized easily. Besides, the brand of the applicant has entered China a long time ago and obtained a certain popularity and influence among relevant public and no confusion was caused. Moreover, the applicant has filed the trademark series of the proposed mark for registration in many countries including China. So this time, the application of the proposed mark for registration filed by the applicant is also out of good faith.

3. The proposed mark is designed uniquely by its applicant and with the words “P.L.A.Y PET LIFESTYLE AND YOU”as its distinctive and distinguishable part. While cited mark 3 is with the Chinese characters “翘尾巴” as its distinctive and distinguishable part. The two marks are different in meaning, pronunciation and overall appearance, therefore they are not similar trademarks.

4. The proposed mark is designed uniquely by its applicant, and the words “P.L.A.Y PET LIFESTYLE AND YOU”is from its applicant’s trade name, which makes the proposed mark clearly directive. Besides, what the proposed mark points out is that the dog is playing with a ball, which is obviously different from the cited mark 1 and cited mark 2 in meaning and overall appearance, so they are not similar trademarks.

After the reasonable analysis of our senior lawyers, the TRAD finally ruled that No. 38364180 P.L.A.Y PET LIFESTYLE AND YOU and the device" trademark to be preliminary approval.