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The first of top ten trademark cases of Beijing Tiandun IP

日期: 2022-06-27 17:37
浏览次数: 71
The first of top ten trademark cases of Beijing Tiandun IP Agency 2021, foreign trademark review of RYUGYONG GOLDEN PLAZA and design
 

Part I Introduction
On August 27,2021, the applicant filed a trademark registration application of RYUGYONG GOLDEN PLAZA and design () (hereinafter referred to as the applied-for trademark), the identifications are online market for goods and services; hotel business management; import and export agency; modelling services for advertising or marketing; business survey; business management assistance; business management and organization consulting; business research; management services for commercial enterprise migration in Class 35.
 
The Trademark Examiner issued an Office Action and rejected the applied-for trademark on the ground that there are two prior pending applications have been found, namely, Xinjian Tianhao and design () (hereinafter referred to as the cited mark) and design () (hereinafter referred to as the cited mark). The applicant decided to file trademark review request represented by Beijing Tiandun IP Agency, and finally successfully got the applied-for trademark registered.
 

Part II Decision
The focus of present case is whether or not the applied-for trademark is similar to the cited marks.
 
After being entrusted by the applicant, Beijing Tiandun IP Agency assigned a senior trademark agent who carefully analysed the ground of rejection. The originality of the applied-for trademark is elaborated in the trademark review request, the applied-for and cited trademarks from the multi-dimension of the differences among the sound, appearance and meaning, making it distinguished among the sources of service. In the end, the Trademark Office accepted our arguments and made the Trademark Review Decision to allow the applied-for trademark to be published for opposition.
 

Part III Analyses
Pursuant to the Article 31 of the Trademark Law of China, where two or more applicants file identical or similar trademark registrations with the same or similar identifications, the first filed application shall be allowed to be published for opposition. Where the applications, filed on the same day, the one first used shall be be allowed to be published for opposition, the others shall be all rejected.
 
In the present case, the applied-for trademark highlights the elegance, harmoniousness and fresh colors in the overall form of expression, giving people the clear and pleasant intuitive visual effect. The applied-for trademark contains graphic elements of a high-rise building and an artistically curved into a nearly round open to the left willow strip. The building shows the clear outline, scattered lines, simple and generous and the willow strip is designed to bend into a nearly round open to the left ribbon. In contrast, the graphics of the cited trademarks are only divided by artistic capital English letters C or G and two groups left with three lines and one curved line on the right, their overall designs have no obvious form of expression. Therefore, compared with the applied-for trademark and the cited trademarks, their design concepts are different and the overall expression forms are obviously different.
 
After being carefully analysed and compared by our trademark agent, the Trademark Office accepted our arguments and allowed the applied-for trademark to be published for opposition.


Part IV Inspiration
1. With the enhancement of people's awareness of brand protection and the increasing number of trademark registration applications, the trademark applications are facing more potential risks, which results in the probability of being rejected by Trademark Examiners is getting higher and higher. Therefore, some of the applicants give up the opportunity to file trademark review request, which is not conducive to the legitimate rights and interests of the applicants. The establishment of a brand is deliberate and costly in time, energy and money. If the applicants simply choose not to file trademark review request, everything the applicant’s done for the brand will be unavailing.
 
2. As the present case, rejected on the ground of the prior marks, even if could not guarantee the success, but in order to better safeguard their legitimate rights and interests, Beijing Tiandun IP Agency suggests that the applicant still as far as possible to file trademark review request, based on the trademark review rules, to maximize for registration.


                              


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