The applicant, Tomasz Glusek, 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.As the continuation and inheritance of the applicant's registered series trademark, the applied trademark in this case has formed a one-to-one corresponding relationship with the applicant, which is of great significance to the applicant.

2.There are obvious differences between the applied mark and the cited marks 1-3 in overall appearance, meaning and appearance design, so they can not constitute similar marks.

The comparison of the marks is as below:

2 (1), The Applicant's trademark is composed of the letters "AGrekom" and is designed in conjunction with the main product of the applicant's business. The applied trademark as a whole expresses the applicant's love for its main products which are pneumatic plasters, paint aggregates and piston compressors. Cited Trademark 1 is composed of the letters "AS", which is taken from the business name of the owner of cited Trademark 1. The overall expression is "AS -- AOSHUN (Shanghai Aoshun Investment Management Co., Ltd.)". The cited trademark 2 is formed by the letters "AG", with the overall meaning expressed as "AG - AUTOGUARD". The cited trademark 3 consists of the letters "AG" and is expressed as "AG - ALPHA GAMING (Jiangsu Alpha E-sports Development Co., Ltd.)"

2 (2), The applied trademark is pronounced as "AGrekom", cited trademark 1 is pronounced as "傲顺" , cited trademark 2 is pronounced as "澳佳德" , and cited trademark 3 is pronounced as "阿尔法电竞". Trademark application citation Trademarks 1-3 differ significantly in the content and length of the call and do not constitute an approximation at all. Applied trademark and the cited trademarks 1-3 differ significantly in terms of the content and length of the pronunciation, and do not constitute an analogy at all.

2 (3),The design of the applied trademark is unique, with "airbrush" and "cable" as the design prototype, expressing the applicant's professional and love for the main industry of the enterprise, and the trademark as a whole gives consumers a simple, eye-catching, strong and powerful sense. The designated colors of cited trademark 1 are gray and red, and the "notch triangle" and the number "6" are used as the original design shape. The whole implied meaning of cited trademark 1 has a smooth career development. The overall appearance of cited trademark 2 is the Chinese character "飞". The overall appearance of trademark gives a sense of stability and firmness. The cited trademark 3 is made up of mountain peak, inverted C and arrow. The logo as a whole gives people a feeling of endless aftertaste and turning the peak.

3. The applicant is an individual, "Thomas Glusek", whose "AGREKOM" brand is applied to his enterprises, a manufacturer of pneumatic plasters, sprayers and sprayers. The owner of cited trademark 1, "Shanghai Aoshun Investment Management Co., Ltd. (now renamed as Shanghai Suolide Enterprise Development Group Co., Ltd. )", is in the business service industry. The owner of cited trademark 2,"Guangzhou Mochuang New Materials Co., Ltd.",  is engaged in auto parts wholesale, nanomaterials research and development, and auto parts retail. The owner of cited trademark 3, "Jiangsu Alpha E-sports Development Co., Ltd.", belongs to entertainment industry.

The cited trademarks 1-3 are similar in composition on approved commodities under class 35, and the cited trademarks 1-3 all contain similar letters. Compared with the difference between them and the applied trademarks, the cited trademarks 1-3 are more similar, but they have existed in the market for many years, without causing confusion or false recognition due to the similarity. It can be seen that the applied trademark and each cited trademark will not cause confusion or false recognition.

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.