The applicant, Hangzhou Ruochong Leisure Products 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.

1.The trademark application is carefully designed by the applicant after a long time of effort, which is the beginning of the applicant to create their own "Ruochong leisure" brand.It contains the unique design concept of the applicant enterprise, and the completed trademark is the painstaking work of the applicant. It is significant and original, and shall be preliminarily examine and approve the trademark and publish it. 

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

The comparison of the marks is as below:

The prominent part of the trademark refers to the part that dominates the overall composition of the trademark, determines the overall image of the trademark and plays a major role in identifying the trademark.

 In this case, the prominent part of the trademark application was "Ruochong leisure" and the call was "ruò  chōnɡ  xiū  xián".The prominent part of the cited marks 1-3 is the figure, the call of pure graphic trademark is generally made with the enterprise name of its right owner. Therefore, the cited trademark 1 is called "Zegai Culture Media"; the cited trademark 3 is called "Xinyaxizi Leather Goods Shop". Because the right of the cited trademark 2 is the individual "Peng Changdie", the cited trademark 2 has no call.

 The application trademark is a combination of graphic and text, which are arranged in the order of graphics and Chinese characters. The Chinese character "Ruochong Leisure" is located in the center of the trademark and is the prominent part of the trademark application. It is written in bold, horizontal and vertical, with uniform thickness, giving consumers a simple, calm, robust and powerful feeling. The graphic part only plays the role of modifying and setting off the part of Chinese characters. The cited trademark 1 is a simple graphic trademark, and the graphic part is a watch graphic composed of double "D", corresponding to DAVI DESIGN brand double D watch created by the right holder of the cited trademark 1. The cited trademark 2 is a simple graphic trademark, the graphic part is framed by a circle, and the central part is the upper body of the lying Batman. The two pointed corners show its characteristics, and the firm and powerful shoulders depict a strong and reassuring heroic image. The bat in the central part is designed into the shape of a star, which expresses the good hope of the trademark owner for the future. The figure depicted in the cited trademark 3 is a windmill figure, which gives people the illusion that the windmill shape is rotating in the overall appearance, forming a unique illusion aesthetic feeling.

The trademark application has a clear Chinese character "Ruochong Leisure" to express its meaning, which is derived from the enterprise name "Ruochong Leisure" of the applicant "Hangzhou Ruochong Leisure Products Co. LTD", which has a unique directivity. The cited trademark 1 is derived from the brand "DAVI DESIGN" double D watch created by the right owner of the cited trademark 1. The cited trademark 2 is one of the many trademarks hoarded by its right holder "Peng Changdie". It does not have any meaning, let alone any use, and its registered trademark is not for the purpose of use. The cited trademark 3 expresses the best wishes of its right owner to the majority of consumers.

 3.The identification of the same or similar trademarks requires not only the overall comparison of the trademarks, but also the comparison of the main parts of the trademarks. The applied trademark and the cited trademarks 1-3 not only have obvious differences in some elements, but also have significant differences in the whole of the trademarks, so they should not be judged as similar.    

 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.