Decision on the Reply to the Trademark Barge of No. 62157630 "HEALTHY CITY AND ITS MAP"

 

 

 

Shang Ping Zi [2022] No. 0000316227

 

Applicant: Xincheng (Shanghai) Intelligent 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. 62157630 "HEALTHY CITY" 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 reasons for the applicant's reexamination: 1. The applied trademark and the No. 10414439 graphic trademark, No. 42593800 "Central City" trademark, No. 8756557 "SILVER BOX and its figure" trademark, and No. 18231889 graphic trademark (hereinafter referred to as the license trademark I, II, III, IV respectively) cited in the rejection decision do not constitute similar trademarks used on the same or similar goods. 2、 After applying for the trademark, the applicant has put it into production and use, and the trademark has generated a certain popularity under the publicity of the applicant. To sum up, it is requested to approve the preliminary examination and approval of the applied trademark on the reexamined goods.

 

It is found through reexamination that at the time of hearing this case, the cited trademark has not been renewed at the expiration of the third period of time, and has now become invalid, which does not constitute a prior right obstacle to the approval of the preliminary examination and approval of the applied trademark.

 

According to the reexamination, there are still some differences between the applied trademark and the cited trademarks I and IV in terms of call, constituent elements, visual effects, etc., which can be distinguished by the general attention of the relevant public. Therefore, the applied trademark and the cited trademarks I and IV do not constitute similar trademarks used on the same or similar goods.

 

The significant readable words "Central City" of the applied trademark are similar to the significant readable words "Central City" of the cited trademark II in terms of text composition, call, visual effect, etc., and have formed a similar trademark. The reexamined goods such as jewelry boxes designated for use in the application trademark belong to the same or similar goods as the jewelry boxes approved for use in Citation Trademark II. If the applied trademark and the cited trademark coexist in the market, it is easy to cause confusion and misunderstanding of the relevant public on the source of goods. Therefore, the applied trademark and the reference trademark II constitute similar trademarks used on one or similar goods.

 

The applicant did not submit evidence to prove that the applied trademark has gained a certain popularity after use, thus producing enough distinctiveness to distinguish it from the cited trademark.

 

In accordance with the provisions of Articles 30 and 34 of the Trademark Law of the People's Republic of China, our bureau has decided as follows:

 

The application for registration of the applied trademark on the reexamined goods 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 28, 2022

 

Members of the collegial panel: Li Juan

 

Guan Xiao

 

Wang Xiaoyuan