Two, "National Veins" Are Competing For Each Other.

The Limited by Share Ltd, a Shanghai dissenter, is not satisfied with the ruling of the Trademark Office of the State Administration for Industry and Commerce on the issue of trademark objection No. 1096586th, "GOLDMINE and map".

The respondent, Zhejiang national pulse telecommunication equipment Co., Ltd. (formerly Ruian Guo Mai Telecom Equipment Industrial Company) made a reply within the prescribed time limit of the Trademark Review and Adjudication Board.

The main reasons for the ruling are: the disputed trademark is composed of the Chinese character "Guo Mai", the English "GOLDMINE" and a graph evolved from the English alphabet G.

Although the Chinese characters are exactly the same as those of the Chinese characters in the disputed quotation marks, but because the dissenters were allowed to register the "national pulse" trademark on the "telephone" products in April 21, 1996, the application for the disputed trademarks was increased on the basis of the original registered goods by adding telephone equipment, pagers, mobile phones and so on. The service for the authorized use of the trademark for the disputed quotation is wireless paging, image pmission, etc. the two trademark has certain differences in the scope of use and the way of use, and it will not cause consumers' confusion and misrecognition.

Therefore, the objection reason is not valid.

The main reason for the application of the Shanghai national communications Limited by Share Ltd is that the main part of the trademark of the dissenter is also the Chinese "national vein", and the two trademark is similar.

The dissenter 923956th "national vein" trademark is designated to be used in 38 categories of wireless paging, image pmission, telecommunications information and other service items. This kind of service is related to the commodities such as telephone equipment, pagers, mobile phones and other commodities in the 9 categories of commodities preliminarily approved by the dissenters, which easily lead to confusion among consumers.

Therefore, the dissenter applied for the preliminary approval of the cancellation of the "1096586th pulse" trademark.

In the defense of the Zhejiang Telecom Equipment Co., Ltd., the dissenter argued that the dissenter was the earliest user and registered applicant of the "national pulse" trademark in the domestic telephone production industry.

The dissenters' "national vein and map" trademark is an application to increase the scope of the use of goods on the original registered commodity group. The application for registration is a commodity trademark, and the dissenters apply for registration as a service enterprise.

Dissenters provide services in their own administrative areas, and the dissenters sell products throughout the country.

Therefore, the objection reason can not be established.

After reviewing the review, the Trademark Review and Adjudication Board held that the dissenters had applied for registration of the "national pulse" trademark on the service items of the 37 category of wireless pagers in August 25, 1993, and were registered in October 1994.

In March 14, 1995, the dissenter also applied for registration of the "national pulse GUOMAI" trademark on 38 types of wireless paging services, and was registered in December 1996.

The objection "national pulse and map" trademark was filed in August 27, 1996, designated for use in pagers and other commodities.

The disputed trademark and the dissenter two apply for the same "registered trademark" in the first "national vein". The pager products designated for the same use have the same consumer groups as the beeper pending first application by the dissenters, especially the wireless paging business. There is a close relationship between the goods and services. In practice, consumers are easily confused with the source of the goods and services.

The final judgment was made by the business jury. The objection reason of the Shanghai Zhejiang communications company Limited by Share Ltd was established. It was not registered by the No. 1096586th "Guo Mai GOLDMINE and map" trademark, which was initially approved by the Trademark Office of the dissenters.