The applicant, Fujian Centreyea Group 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 as follow：
The prominent part of a trademark refers to playing a dominant role in the overall composition of the trademark, determining the overall image of the trademark and playing a major role in the identification of the trademark. In practice, since the graphic part cannot be pronounced, consumers can directly call the relevant trademark in the word part when identifying the combination of word and graphic trademarks.
The application for the trademark is a combination of word and graphic trademark, and the Chinese characters "中用集团 大道中用 赢造未来" are the prominent part of the whole trademark, so the trademark is called as "中用集团 大道中用 赢造未来". The cited trademark is a significant part of the whole trademark, and in view of the graphics is not convenient to read, but according to the general trade customs and business practices, for no obvious call graphics trademark, usually by the registrant enterprise trade name to call. Therefore, the cited trademark takes registrant " Hangzhou Wrench Network Technology Co., Ltd." enterprise name "扳手" for the call.
The application for the trademark is obviously different from the cited trademark in overall appearance. The application for the trademark is a combination of word and graphic, and the Chinese characters are written in boldface, which integrates modern, technological and sporting fashion sense. The figure as a whole depicts an inverted heart, representing the center. The figure part is only the cosmetic element of the trademark, not the decisive role. The cited trademark is a graphic trademark. The overall appearance is similar to the small house in the cartoon design. The overall design of the trademark is full of children's fun.
The application for the trademark is obviously different from the cited trademark in meaning. The "中用集团" in the logo of the application for the trademark is taken from the applicant's enterprise name, and the whole trademark points to the applicant, representing the applicant's enterprise purpose of taking consumers as the core, winning the favor of customers, winning the future, and mutual benefit and win-win. The cited trademark is a picture of a house and has no specific meaning.
The applicant and the cited trademark registrant have obvious differences in industry attributes. The applicant mainly engages in property management and real estate economic services. The cited trademark registrant mainly engages in technology development and so on.
There are obvious differences between the application for the trademark and the cited trademark in the salient part, meaning, appearance and call. The application registration of the application for the trademark is completely in line with the provisions of the Guide for Trademark Examination and Trial, and does not violate the provision of Article 30 of the Trademark Law. The application shall be preliminarily approved and announced. In accordance with the provision 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 the trademark in the reexamination service shall be initially examined and approved.