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Regarding the decision on the review of the refusal of the trademark "Yunhuiping" No. 58614625

AddTime:2022-08-05 15:00:27  Views:

 Regarding the decision on the review of the refusal of the trademark "Yunhuiping" No. 58614625

 
Applicant: Tianjin Yundu Technology Co., Ltd.
 
Attorney: Beijing Shengzhou International Intellectual Property Agency Co., Ltd.
 
       The applicant is not satisfied with the rejection of the registration application of the trademark No. 58614625 "Yunhui Ping" (hereinafter referred to as the trademark application) by our bureau, and applies to our bureau for re-examination. Our bureau has accepted it and the trial has now been concluded.​​
 
         The main reasons for the applicant’s review: the applied trademark is significantly different from the trademark No. 10229306 (hereinafter referred to as the cited trademark 1) and the trademark No. 39837646 (hereinafter referred to as the cited trademark 2) cited in the rejection decision, which does not constitute the use of the same or similar goods. similar trademarks. After the applicant's publicity and promotion, the applied trademark has gained a certain reputation. Request for preliminary approval of an application for registration of a trademark.​​
 
        After reexamination, it was found that all the commodities designated for use by the applied trademark and the “CD-ROM” and other commodities approved for use in the cited trademarks 1 and 2 belonged to the same or similar commodities. The applied trademark and the cited trademarks 1 and 2 are similar in terms of text composition, calling, etc. If they coexist on the same or similar goods, it will easily cause confusion and misunderstanding of the source of the goods by the relevant public, and it has constituted a similar use on the same or similar goods. trademark.​​
 
       In accordance with the provisions of Articles 30 and 34 of the Trademark Law of the People's Republic of China, our Office has decided as follows:
 
The application for registration of the trademark on the re-examined commodity shall be rejected.​​
 
       If the applicant is not satisfied with this decision, he may file a lawsuit with the Beijing Intellectual Property Court within 30 days from the date of receipt of this decision, and submit a copy of the complaint to the court at the same time or within 15 days at the latest. notify the Bureau in writing.
 
Members of the collegiate panel: Zhang Fulun
 
                    Wei Shixuan
 
                     Sun Xin
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