Review Decision about Trademark No. 17658281“怪兽音乐节”（Monster Music Festival）for Rejection
Applicant: Beijing Detai Photographic arts and cultural services Ltd
Agent: Zhongji Xiruan (Beijing) IP Agent company
The applicant applied for trademark review to the TRAB on account of disagree with the rejection on trademark “怪兽音乐节” (No. 17658281) made by CTMO (China Trademark Office).
Applicant’s grounds for review: The applying mark is not similar with the mark which is cited by CTMO (hereinafter referred to as cited mark), No.14012256“小怪兽”（little monster）. Through the propaganda and actual use, the applying mark will not cause misunderstanding. The applicant request for approval of application for trademark registration.
Applicant provide us following main evidence: applying mark’s propaganda material in each website; Relative video information.
After trial, as far as we concerned, the applying mark designated using in “Arranging and conducting of workshops [training]; Photography; Game services provided on-line from a computer network; Amusements ”, which is similar with cited mark on goods from the aspect of “service object, service place”. Among the applying mark, “音乐节”（Music Festival）is lacking in distinctiveness, thus, its main part is “怪兽”（monster）, which is similar with cited mark on text composition, call mode, the overall recognition effect. If they co-exist in market will easily cause misunderstanding. They are similar marks.
The evidence that provided by applicant is not enough to prove the mark already got a good reputation, therefore, the mark doesn’t have the special feature could distinguish it from cited mark.
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.