The applicant Heat Flux Germany Co., Ltd. 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
1. The trademark applied for in this case is the joint protection of the applicant's trademark in the same series. The applicant has a strong awareness of intellectual property protection, and has already registered trademarks such as " " on similar goods or services. The application for registration of a trademark is entirely for the protection purpose of the applicant in lawful good faith.
2. There are significant differences between the applied trademark and the cited trademarks 1-2 in terms of conspicuous parts, calling, appearance and representation.
The trademark comparison chart is as follows:
The applied trademark contains a clear text part, and the text part "KlimaWorld" is the distinctive part of the applied trademark. The cited trademark 1 is a purely graphic trademark, and the "graphic" part is the distinctive part of the cited trademark 1. The cited trademark 2 contains a clear text part, and the text part "湘家荡" is the conspicuous part of the cited trademark
2.The application trademark is different from the distinctive identification part of the cited trademark 1-2. Moreover, the applied trademark and the cited trademark 1-2 do not belong to the same calling category at all. The applied trademark shall be read in English, and the cited trademarks 1-2 shall be read in Chinese. The difference between Chinese and English is very obvious, and the relevant public can completely distinguish the three.
In this case, the graphic elements incorporated into the applied trademark only play the role of decoration and background in the overall logo, and are less distinctive in the trademark. There is no similarity between the inherent text content of the distinctive identification part of the logo and the cited trademark 1-2. For clients, the three trademarks are unrelated marks, and it is impossible to associate them with each other. There is no possibility of confusion and misunderstanding when calling, and it does not constitute trademark similarity at all.
There is a clear text part "KlimaWorld" in the applied trademark as the distinguishing point of the trademark, which is very different from the cited trademark 1-2 itself. Moreover, there are also great differences between the applied trademark and the cited trademark 1-2 in terms of constituent elements, font selection and composition details, which will not cause confusion and misunderstanding by the relevant public at all, and do not constitute similar trademarks.
There is a significant difference in the overall meaning between the applied trademark and the cited trademarks 1-2. The overall meaning of the applied trademark refers to "the applicant adheres to the development strategy of "going out" and the corporate goal of devoting itself to selling its products to the world." The overall meaning of the cited trademark 1 points to "the natural scenery of Wuling Mountain", which is the propaganda of the right holder of the cited trademark 1 on the natural scenery of Wuling Mountain. The overall meaning of the cited trademark 2 refers to its corporate name and location "Xiangjiadang".
3. The cited marks 1-2 already constitute a similarity for the designated services in class 35. However, the two cited trademarks have been successfully registered and have coexisted for many years, without causing confusion and misunderstanding by relevant clients. It is fully proved that the trademarks that are significantly different from the two cited trademarks coexist with them, and will not cause confusion and misunderstanding.
4.The applicant in this case has completely different industry attributes from the owner of the cited trademark 1-2. Applications for trademarks and cited trademarks 1-2 apply for registration in class 35. In actual use, it must be used in combination with their respective main industries, and the possibility of the relevant public being exposed to the two trademarks at the same time is extremely small, which will not cause confusion and misunderstanding of clients at all.
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 trademark registration on the review service shall be preliminarily approved.