Bao Ling Left "Bowling" To Withdraw.
SAIC ruled that Shenyang's "bowling (ginseng)" trademark infringed on the "Bao Ling" trademark of Hangzhou. It was not registered. The two trademarks of "Bao Ling" and "bowling" and "bowling ginseng" were too close to each other, causing a dispute over trademark infringement for nearly 4 years.
Bao Ling thinks that "bowling" and "bowling ginseng" are similar to their pronunciation and meaning, and infringe on their trademark rights.
"Bowling" believes that "Bao Ling" is self serving, and there is no infringement at all.
Recently, the Trademark Review and Adjudication Board of the General Administration of industry and Commerce made the final ruling: "bowling" and "bowling ginseng" violated the trademark rights of Bao Ling, and the two trademarks were not registered.
The "Bao Ling" trademark used by Hangzhou Ao medical insurance Pharmaceutical Co., Ltd. was registered as early as 1987. "Bao Ling" has been awarded the famous trademark of Zhejiang province for many years.
But 4 years ago, "Bao Ling" company found that Shenyang Jinlong Health Products Co., Ltd. in its series of health products packaging, put the word "bowling" in a prominent position, especially with the "bowling ginseng" hot sales, consumers often "Bao Ling" and "bowling" confused.
In 1997, Bao Ling applied to the State Administration for Industry and Commerce Trademark Office to point out that "bowling" and "bowling ginseng" trademarks are similar trademarks to "Bao Ling" and require the application for trademark registration of "bowling" and "bowling ginseng".
In December of the same year, the Trademark Office of the State Administration for Industry and Commerce ruled that "bowling" and "bowling ginseng" were combinations of characters and graphics. They had strong recognition characteristics, and were different from the appearance of "Bao Ling" pure Chinese character trademarks. Therefore, "bowling" and "bowling ginseng" did not constitute similar registration.
Hangzhou Bao Ling company refused to accept the ruling, and applied to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for trademark objection review.
After 3 years of deliberation, the Trademark Review and Adjudication Board has made final ruling recently: "bowling" and "bowling ginseng" trademarks are the combination of graphics and characters, but text plays a major role in recognition, and the "bowling" and "Bao Ling" pronunciation are similar. The words in the three trademarks do not have specific meanings of fixed collocation words, which easily lead to consumer confusion.
Therefore, the trademark "bowling" and "bowling ginseng" registered by Shenyang Jinlong health care products limited by the Trademark Office are not registered.
Wei
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