The applicant, Beijing Ningjie Junchi Technology 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 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 a series of trademarks carefully created by the applicant. The trademark in the applicant's name related to the logo of the applied trademark has passed the preliminary examination or has been successfully registered, indicating that the applied trademark was originally created by the applicant and has distinctive features. It should be preliminarily approved and announced.
2.The design of the applied trademark is unique, and it is obviously different from the salient parts, overall appearance and meaning of the cited trademarks 1-3. The application for registration of the applied trademark does not violate the provisions of Article 30 of the Trademark Law.
The trademark comparison chart is as follows:
The trademark applied for is a combination of graphic and text, consisting of three parts: graphics, Chinese characters and English. The trademark applied for has the Chinese character "宁杰骏驰" as its distinctive part. The cited trademark 1 is an image-text combination trademark, which consists of three parts: graphics, Chinese characters and English. The Chinese character "汉庭酒店" is a prominent part. The cited trademark 2 is a combination trademark of graphic and text, which consists of two parts: graphic and English. The English letter "BNSK" is its prominent part. The cited trademark 3 is a combination trademark of graphics and text, which consists of three parts: graphics, Chinese characters and English. The Chinese character "皇威马" is a prominent part.
The graphic part of the trademark application is designed by two parts, "planet and white horse". The longitude and latitude of the planet is clear, surrounded by an elliptical running track, the whole is inclined to the right, and there is a running white horse in the upper part. The Chinese characters and the English part are located below the figure, with Chinese characters on the top and English on the bottom. Using artistic characters, the strokes and lines are thick and thin, but the whole is relatively thick and easy to identify.
The graphic part of Citation Trademark 1 is designed with the "leaping pony" as the prototype. The periphery of the graphic part is rounded and colored in blue, and there is a white leaping cartoon pony in the center of the graphic. The Chinese characters and English parts are located below the figure, the font color is blue, written in bold, sans-serif decoration, very eye-catching.
Citation Trademark 2 The overall outline of the trademark "e" is the inverted letter "e", and the upper part is a dark horse running at a high speed. The English part is located in the lower part of the figure, and the letters are all capitalized, corresponding to the enterprise name of the right holder, "百年顺康". The strokes are of uneven thickness and obvious directionality.
The graphic part of Citation Trademark 3 is designed with "Crescent Moon and Dark Horse" as the prototype. The crescent moon is curved, the outline of the black horse is depicted by white lines, and its front hooves are raised, as if it is about to run towards the moon, giving people the feeling of being ready to go. The Chinese characters and the English part are located on the right side of the figure, the Chinese characters are on the top, the artistic characters are used, the strokes are uneven in thickness, and the arrangement is compact.
1.There are obvious differences in meaning between the applied trademark and the cited trademarks 1-3. Applying for a trademark conveys the applicant's never-ending and never-ending spirit of struggle. The meaning of the cited trademark 1 is to overcome all difficulties and obstacles to provide consumers with a comfortable hotel environment. The meaning of the cited trademark 2 is to be a dark horse in the pharmaceutical industry and to protect the health of consumers for a long time. Citation 3 points to a majestic and good horse that is catching up. And after the applicant's inquiry, the cited trademark 3 is in a state of idle transfer and has not been put into use in the market, which will not hinder the application of the trademark.
2.The cited trademarks 1-3 have been successfully registered on similar commodities, and will not cause misunderstanding and confusion among the relevant public in the actual use process. Since the above cited trademarks can coexist, the differences between the applied trademark and each cited trademark are more obvious, and they do not constitute similar trademarks 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 registration of a trademark shall be preliminarily approved.