Review Decision about Trademark No. 18620888 for Rejection
Applicant: Fujian Rongzhijie Trade Limited
Agent: Beijing Shengzhou International IP Agent Ltd
The applicant applied for trademark review to the TRAB on account of disagree with the rejection on trademark “
” (No. 18620888) made by CTMO (China Trademark Office).
The main reasons of applicant: 1. Applying mark similar with cited mark No.12353966 “
”in calling, connotation and appearance.They are not similar marks. 2.Through widely use and propaganda, applying mark already has some kind of reputation, which is help to distinguish from other marks. 3.The rejection will result in great loss.In summary, applicant demand to get the applying mark approved.
Applicant provide us the following evidence (copies): product and picture of wrap,etc.
Applying mark designated on clothes, tie,etc, while cited mark designated on clothes,scarf,etc, they belong to “identical or similar”goods. Their significant recognition of the text are getting close on text composition, call. These two marks’ coexist would cause misunderstanding on the source of goods. The evidence that provided by applicant can’t prove applying mark could effectively distinguish from cited mark. Other reasons for the applicant is not a valid basis for the registration of a trademark.
According to Article 30 and 34, of Trademark Law, we decide:
The register application on review goods would be rejected.
If applicant dissatisfied 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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