The applicant, Deco Electric Machinery Co., Ltd., refused to accept the trademark rejection decision issued by the CNIPA, entrusted Beijing Fineland IP Firm to apply for the rejection review to the CNIPA in accordance with the law, and finally succeeded in defending its rights.
Brief description of the case
Trademark contrast picture
The application for the trademark in this case is the joint protection of the applicant’s series of trademarks. The applicant has a strong sense of intellectual property protection, and has registered trademarks such as "" and " " on similar goods or services. The application for the trademark registration is completely for the protection purpose of the applicant in good faith.
In the case, the applicant is different from each obligee of the cited trademarks in the attributes of the industry. The application for the trademark and each cited trademark are all registered in categories 35. In categories 35 and actual usage, the application for the trademark and the cited trademark must be combined with their main industry. In the meantime, the relevant public can come into contact with the brands which is scarcely possible. Thus, it is impossible to cause consumer confusion and mistakes completely .
The graphic parts of the cited trademark 1-2 in this case are basically the same, but they have been successfully registered and coexisted for many years in similar service items of categories 35, which fully proves that this case and the application for the trademark with significant differences from the cited trademarks should be entirely given preliminary examination and publication.
The distinctive part of the application for the trademark is obviously different from that of the cited trademark 1-3, and the relevant public can distinguish the four trademarks according to their respective distinctive part. The application for the trademark and the cited trademark 1-3 contain a clear word part, so the word part shall be a prominent part of the application for the trademark and the cited trademark 1-3, including "LivThing", "学联派客", "粘粘网", and "跨十袋".
In a combination trademark of graphic and word, the graphic part is generally related to the word part, and the graphic part is generally a specific description of the abstract word. The application for the trademark is composed of "LivThing及图", and "LivThing" is an innovative word after the combination of "Liv" and "Thing". The overall meaning of the application for the trademark points to "innovative development will bring new hope and future". The cited trademark 1 is composed of "学联派客及图", and the overall meaning points to "unite to form an alliance, learn together and make common progress", which conveys the idea of win-win cooperation. The citation trademark 2 is composed of "粘粘网及图", and the overall meaning points to the "establishment of a win-win website with consumers", which conveys that the right holder of the citation trademark 2 adheres to the road of mutual benefit and win-win with consumers. Citation Trademark 3 is composed of "跨十袋KUA SHI DAI及图", with the overall meaning pointing to "cross-era cooperation".
In terms of word design, the application for the trademark and the cited trademark 1-3 were designed in a completely different font, so that the relevant public can form a completely different visual impression when recognizing the application for the trademark and the cited trademark 1-3; In terms of graphic design, the application for the trademark and the cited trademark 1-3 have different compositions and meanings. Therefore, the application for the trademark and the cited trademark 1-3 will not cause confusion and misrecognition by the relevant public at all, and should not be identified as similar.
Citation Trademark 1 is not actually used and does not exert its due value. The obligee of the cited trademark 2, "Guangzhou Zero Dream Zero Network Technology Co., Ltd.", was showed in the abnormal list of operation by the Industry and Commerce Bureau because it could not be contacted through the registered residence or business place in 2019. It can be seen that the obligee of the cited trademark 2 has no normal operation, and impossibly makes cited trademark 2 put into the market for usage.
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 registration application of the application for trademark on the services under review shall be given preliminary examination and approval.