Review Decision about Trademark No. 15884582 for Rejection

CTPLO · Published on 2018-01-11 13:44:32 · 128 read Cases

Applicant: Shanghai Huizhi Culture Communication Co.Ltd

Agent: Shanghai Shouxin IP Agent Ltd

Applicant disagree with No.0000056932 review decision on “QQ截图20180111133534.jpg”, filed an administrative litigation to the Beijing Intellectual Property Court.  The court made a verdict of No.(2016) 京73行初4449 to refuse applicant’s demand. Then the applicant can’t accept it and filed an appeal to Higher People's Court of Beijing. And the court made a verdict of  No.(2017) 京行终795, and it’s already become effective. We reorganized the collegial panel in accordance with the law.  

In verdict, applying mark isn’t similar with cited mark 1 : No.15623913 “QQ截图20180111133558.jpg”mark. And applicant’s evidence could prove applying mark be used as whole earlier than the apply date of cited mark 2, No.12643036 “QQ截图20180111133628.jpg”. They have different text combination and literal meaning and will not cause any misunderstanding. Therefore, applying mark is neither similar with cited mark 1 nor cited mark 2.

According to the verdict, we believe, they are not similar marks, no matter in calling, text or connotation.

According to Article 28, of Trademark Law, we decide:

The applying mark is accepted and other procedure will turn over to trademark office.

China Trademark & Patent Law Office Limted (CTPLO)

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