The applicant, Tropical Resources (Asia) Co., Ltd., was unwilling to accept the refused trademark decision issued by CNIPA, and entrusted Beijing Fineland IP Firm to file request for review of refused trademark with CNIPA, and finally succeeded in safeguarding its rights.

Brief Description of the Case

The comparison graphic of the marks is as below:

1. The applicant attaches great importance to the applied trademark which has been put into use in commodity packaging, labels, brochures, exhibitions, etc. and has certain popularity and influence.

2. The applied trademark is designed by the applicant itself and has originality. The applied trademark and the cited trademark 1-2 all contain the design element of "兔". The graphic in each trademark is animal that is common to the public and cannot be exclusively owned by one enterprise. Moreover, the applied trademark is mainly composed of the word "tuturi", and the graphic is only used as the background modification of the trademark with very weak significance.

(1),Analysis from the prominent part and pronunciation: the applied trademark consists of two parts: graphic and English word. "tuturi" is the prominent part of the trademark, and the applied trademark is actually advertised as "兔兔乐" and pronounced accordingly. Cited Trademark 1 consists of two parts: the graphic and the Chinese words "绿谷小兔". "绿谷小兔" is a prominent part of the trademark and is called by the Chinese words. Citation Trademark 2 consists of three parts: graphic, Chinese characters "兔伙伴", and English word "TUHUOBAN". "兔伙伴" is the prominent part of the trademark and is called by that Chinese characters.

(2), Analysis from the meaning: the applied mark expresses the applicant's feeling of lovely and happy. The cited mark 1 refers to its brand and indicates that it offers green and healthy food. The main business scope of cited mark 2 is breeding and sale of rabbit, cat, dog and pet supplies, and the mark expresses the owner's feeling of protection and cherish of pets.

(3), Analysis from the composition and overall appearance: the applied trademark is composed of two elements: word and graphic, and the graphic is located above the trademark which only works as a decorative element of the whole trademark. However, the details of the graphics of the applied trademark and cited trademark 1-2 are completely different, resulting in obvious differences in the overall arrangement and visual effects. The applied trademark and cited trademark 1-2 have significant differences in pronunciation, overall appearance and visual effect, which do not constitute similar trademarks.

In accordance with the provisions of Article 28 of the Trademark Law of the People's Republic of China, CNIPA has decided as follows: The applied trademark’s registration application on review service is preliminarily approved.