Decision on Reply to Examination of No. 61799353 "Boz" Trademark Barge

Shang Ping Zi [2022] No. 0000309106

Applicant: Wuxi Wudu Optical Technology Co., Ltd

Entrusted agent: Beijing Shengzhou International Intellectual Property Agency Co., Ltd

 

The applicant is not satisfied with our rejection of his application for registration of No. 61799353 "Bozi" trademark (hereinafter referred to as the applied trademark) and applies to our bureau for reexamination. Our bureau has accepted the case and the trial has now been concluded.

 

The main reason for the applicant's reexamination: the applied trademark, No. 36873910 trademark, No. 12459891 trademark, No. 20483529 trademark and No. 50464775 trademark (hereinafter referred to as reference trademarks I to IV) do not constitute similar trademarks used on similar goods, and their coexistence in the market will not cause confusion and misunderstanding among the relevant public. The applied trademark is distinctive, distinctive and original. The applied trademark has been put into production and use, and has already produced a certain popularity under the publicity of the applicant, forming a corresponding relationship with the applicant. As a trademark, the logo is not non-standard Chinese characters, and will not have adverse effects. Other trademarks with similar circumstances have been approved for registration. To sum up, we request the preliminary examination and approval of the applied trademark.

 

The applicant submitted the letter of authorization and evidence of trademark use in the reexamination procedure.

According to the reexamination, the "solution for contact lenses, contact lens cleaner, contact lens disinfectant, disinfectant, human medication, antibacterial hand sanitizer, bacterial inhibitor, contact lens care solution, eye drops, eyedrops" commodities applying for trademark reexamination do not belong to similar commodities with the commodities approved to be used by each citation trademark, so in the above commodities, the application trademark and each citation trademark do not constitute the 1/3 mark of similar quotient used in similar commodities.

 

Other commodities such as "purifying agent" applied for trademark reexamination are similar to the commodities approved for use by each cited trademark. The applied trademark is similar to the Chinese characters "Bozi", "Bozi", "Bozi" and "Bozi" of the cited trademarks in terms of text composition, calling and other aspects. At the same time, it is easy for the relevant public to confuse and misrecognize the source of the goods, which has constituted a similar trade mark used on similar goods.

 

The stroke error of the Chinese character "platinum" in the applied trademark is the nonstandard use of Chinese characters, which easily misleads the public, especially minors. Therefore, the use of the applied trademark as a trademark is likely to have adverse social impact, which has constituted the situation referred to in Item (8), Paragraph 1, Article 10 of the Trademark Law of the People's Republic of China. The examination of trademark registration is a case in point, and the approval of other trademarks cannot be a sufficient reason for applying for trademark registration.

 

In accordance with the provisions of Article 10, paragraph 1, item (8), Article 30 and Article 34 of the Trademark Law of the People's Republic of China, our bureau has decided as follows: the application for trademark registration shall be rejected.

 

If the applicant is not satisfied with this decision, he/she may file a lawsuit with the Beijing Intellectual Property Court within 30 days from the date of receiving this decision, and at the same time of submitting the complaint to the court or within 15 days at the latest, he/she may copy the copy of the complaint or otherwise notify our bureau in writing.

 

September 22, 2022

Members of the collegial panel: Hou Wenjian

Liu Yinying

Yang Shaowen