The applicant, ONULON,LLC, 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.
Briefly Description of the Case
1.The applicant has successfully registered "ONULON" series trademarks in Classes 35, 14, 44 and 09. The applied trademark in this case is a continuation of the applicant's series trademarks and a trademark identifier originally created by the applicant which shall be preliminarily approved and published.
2.There are obvious differences between the applied mark and the cited marks 1-2 in overall appearance, meaning and pronunciation, so they can not constitute similar marks.
The comparison of the marks is as below:
(1) The English word "onulon" is the prominent part of the applied mark, which is the English translation of its Chinese business name "欧纽伦", and it can be directly pronounced as [ōu niǔ lún]. Cited mark 1 is a purely figurative trademark, thus its prominent part is the figure, which is derived from the "向" character of the enterprise's business name "向贤" and it can be directly pronounced as [xiànɡ xián]. Cited mark 2 is a purely figurative trademark, thus its prominent part is the figure. In practical use, it is used in combination with the Chinese characters "应用宝", and it can be directly pronounced as [yìnɡ yònɡ bǎo] .
(2)The applied mark is an associated mark, the whole inner core of the figurative part is a dovetail dart shape. While the cited mark 1 is a purely figurative trademark, the whole figure is the graphic design of the Chinese character "向". Cited mark 2 uses water droplets as the basic composition element which is filled with yellow, blue, red and green respectively in actual use, and it is used in combination with the Chinese characters "应用宝".
(3)The applied mark takes the English word "onulon" as its core meaning, which is taken from the applicant's business name, corresponding to the Chinese characters "欧纽伦". Therefore, the applied mark in the meaning of the whole points to "欧纽伦". Cited mark 1 is derived from the "向" character of the enterprise's business name "向贤". As a whole, it shows that the registrant hopes to be virtuous and talented, congruent between virtue and action, including the yearning for the integrity, high efficiency and good character during the registrant's operation of its business. Cited mark 2 is used in combination with the Chinese characters "应用宝" in practice, pointing to the name of app, representing the meaning of "treasure house for downloading apps".
To sum up, the overall difference between the applied mark in this case and the cited trademarks is very obvious, and relevant public can distinguish them based on cognition, without causing any confusion and false recognition.
According to the Article 28 of the Trademark Law of the People's Republic of China, CNIPA has decided as follows: The registration of the applied trademark on reexamined commodities shall be preliminarily approved.