"Great East Asia" Is Dumb.
The application for registration of "Greater East Asia and graphic" trademark (hereinafter referred to as "trademark") was submitted by the people's Congress East Asia Private Limited company on the fifth categories of oil additives and so on, which was rejected by the trademark office.
Applicants refuse to accept the application, and apply to the business jury for review.
The main reason why the Trademark Office rejected the application trademark is that the application trademark is similar to that of the 510679th East Asian trade mark (hereinafter referred to as the trademark) registered by the East Asian Pharmaceutical Company in similar commodities. The applicant has not amended the 12091st submission and rejected the trademark of the applicant according to law.
The applicant thinks that the application trademark is composed of two parts: text and graphics, and the logo is a significant part of the trademark. The trademark itself is colorful. The color of fresh green is totally different from the pure black visual characteristics of the trademark, and the two can not be confused.
Two trademarks are taken separately from the most prominent part of their respective companies, while the two sides specify the use of Chinese and Western medicines. Consumers will pay attention to identification and will not be confused in practice.
In addition, the applicant has made an investigation and has not seen the sale of the drug with the quoted trademark on the market. The applicant has applied to the Trademark Office for the cancellation of the trademark application for three consecutive years. The case is under trial.
Therefore, the applicant considers that the two trademark in practice will not be confused. Please reconfirm the case after the ruling has been withdrawn, and approve the application for trademark registration.
According to the judge, the Trademark No. 510679th "East Asia" has been revoked by the Beijing creative guidance and Business Consulting Center for three consecutive years. The Trademark Office has made a decision in April 27, 2002 to quote the trademark.
According to the judges, citation marks are made up of pure Chinese "East Asia".
The application marks are made up of Chinese "Big East Asia", "double shrimp" and "double shrimp figure".
Among them, "Greater East Asia" is a vertical arrangement, and occupies the central position of the application trademark. It is a significant part of the trademark application. Although the application trademark has the figure of double shrimp characters and specifies the color, it does not affect the main part of the "Greater East Asia" as the trademark of the application. "Greater East Asia" still plays a major role in identifying the trademark.
The word "Greater East Asia" is similar to the word "East Asia" of the citation mark. Its designated commodity contains "oil agent" and so on. The two trademark coexists in the market, making it easy for consumers to mistaken for a series of trademarks of the same enterprise.
Therefore, the two trademark has become an approximate trademark used on the same or similar commodity.
Therefore, the business jury decided to reject the trademark "Big East Asia and graphic" registered by the applicant for registration of fifth types of oil and other commodities.
To be a good judge
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