Review Decision about Trademark No. 17546958“TOOLMALL.COM”for Rejection

CTPLO · Published on 2017-11-30 11:15:49 · 159 read Cases

Applicant: Hangzhou Huge Star Technology Ltd

Agent: Beijing Jijia IP Agent Company

The applicant applied for trademark review to the TRAB on account of disagree with the rejection on trademark “QQ截图20171130111010.jpg” (No. 17546958) made by CTMO (China Trademark Office).

Applicant’s main grounds: 1. The applying mark has conspicuousness; 2. It’s already formed a stable market order.  Huge economic losses to the applicant and adverse social effects would show up if it can’t be registered. To sum up, Applicant request the applying mark to be approved.

As far as we concerned, the applying mark is a word mark, constitute by a English word “TOOLMALL.COM”. “TOOLMALL”is easily to be comprehend as “a shopping mall which is sell tools”or “a mall which is sell appliance”, and the whole mark looks like a website, designated to use on paper, stationery would lack of conspicuousness. The trademark shall not be marked as a trademark registration under Article 11 Section 1 (3) of the Trademark Law.

According to Article 31 Section 3, 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.

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