Review Decision about Trademark No. 16015994“device” for Rejection
Applicant: Gugong Palace
Agent: Bejing Fangtao IP Agent Company
The applicant applied for trademark review to the TRAB on account of disagree with the rejection on "
" trademark (No. 16015994) made by CTMO (China Trademark Office).
Applicant’s grounds for review: The applying mark is solely created by the applicant and it has great distinctiveness, besides, applicant already apply the opposition to against the cited mark: No.10401910 “
”.
After trial: On December 27, 2016, CTMO made a decision of No.0000042992, decide that the cited mark will be approved to register, until we process this case, it is still valid.
We believe that as a pure device mark, applying mark look similar with cited mark in composition elements, design techniques, common consumer can’t distinguish it easily. They are similar marks. From the view of designated goods, applying mark’s canned Fruit similar with the cited mark’s canned meat. If they co-exist in market will easily cause misunderstanding. They are similar marks.
According to Article 30 and 34, of China Trademark Law, we decide:
The register application on review goods would be rejected.
If applicant dissatisfy with the decision, he could sue to Peking IP court within 30 days from receipt of it, simultaneously submit appeal to the court or by no later than 15 days to deliberate the copy, or otherwise notify us in writing form.