Review Decision about Trademark No. 18846044“BENCH 1775”on Rejection
Applicant: OSNUHI B.C.LTU.
Agent: Guangzhou Huajin Lianhua Patent&Trademark Agent Ltd
The applicant applied for trademark review to the TRAB on account of disagree with the rejection on trademark “
” (No. 18846044) made by CTMO (China Trademark Office).
Applicant’s grounds for review: The applying mark is solely created by the applicant, and not similar with the mark which is cited by CTMO (hereinafter referred to as cited mark), No.12752712 “
”. Through the propaganda and actual use, the applying mark already formed a close relationship with the applicant, and it’ll not cause misunderstanding. The applicant request for approval of application for registration.
We (the board) think that, the word “BENCH”in applying mark could translate into “板凳”, and it is similar with the main part of cited mark in text and pronunciation, therefore, these two marks are similar with each other. The applying mark review in specific goods of water(beverages) similar with the cited mark’s good of tea beverage. According to Trademark Law, these 2 marks are similar in using on identical or similar goods.
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.