Regarding the decision on the review of the refusal of the trademark "Kangwosheng and Figure" No. 60532194

 

Shang Ping Zi [2022] No. 0000274787

Applicant: Jiangxi Caibo Knitting Co., Ltd.

Attorney: Beijing Shengzhou International Intellectual Property Agency Co., Ltd.

​​The applicant was dissatisfied with the rejection of the registration application of the trademark No. 60532194 "Kangwosheng and Figure" (hereinafter referred to as the applied trademark) by our bureau, and applied 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 and the trademark No. 9650232 and No. 17220600 cited in the rejection decision (hereinafter referred to as the cited trademarks 1 and 2 respectively) are obviously different in terms of composition and overall appearance, and do not constitute similar trademarks. The applicant requests approval of the application for registration of the applied-for trademark.

The applicant submitted the following main evidence to our bureau: screenshots of Baidu search explanations for "Kang", "Wo" and "Sheng" and electronic photos of the trademark application.

After review, it was found that the applied trademark and the cited trademarks 1 and 2 were still distinguishable in terms of overall visual effects, and did not constitute similar trademarks.

In accordance with the provisions of Article 28 of the "Trademark Law of the People's Republic of China", our office has decided as follows:

The application for registration of the trademark applied for on the re-examination commodity shall be preliminarily approved.

 

Collegiate Panel Member: Chen Si

Zhang Xuejun

Sun Xiangqi