If two trademarks are similar in word form, pronunciation, meaning, color, overall structure, three-dimensional shape, and color combination, and are likely to cause misunderstanding or confusion among the public, they will generally be deemed to be similar trademarks and rejecte

If two trademarks are similar in word form, pronunciation, meaning, color, overall structure, three-dimensional shape, and color combination, which may easily cause misunderstanding or confusion among the public, they will generally be deemed to be similar trademarks and rejected. If the trademark is rejected, there is no need to worry too much. We still have the option of defense review.

Case review

The applicant was dissatisfied with the notice of rejection of the trademark registration No. 41927063 "Ruiming" made by the Intellectual Property Office on the designated service. The applicant filed a rejection of the trademark registration review application in accordance with the law.

Trademark comparison chart

Facts and reasons

1. The applied trademark "Ruiming" is original to the applicant and has outstanding distinctiveness and strong recognition. According to the relevant provisions of the " Trademark Law ", it meets the conditions for trademark registration. .

2. The applied trademark and the cited trademark are significantly different in terms of overall appearance, visual effects and constituent elements, and their joint use will not cause confusion or misunderstanding among consumers. The trademark applied for

consists of three parts: graphics, Chinese and English. "Ruiming" is the applicant's font size and is written in bold blackface style. The overall graphics is an obtuse square with an artistic letter "R" in the center, which corresponds to the Chinese part. The first letter of Chinese Pinyin. The English part "RUIMING" is the Chinese pinyin form of the Chinese part.

The first and second reference trademarks are composed of Chinese and English parts. The first reference trademark is written in artistic fonts, which enhances the beauty of plastic arts. The font of the cited trademark is horizontal and vertical, with no edges or corners, and has a certain degree of distinctiveness and distinction. It can be seen that the design styles and design elements of the two trademarks are obviously different, and they do not constitute similar trademarks.

cited trademarks three, five and six are composed of graphics and text. The three-character part of the cited trademark "RAZIMAN" is transliterated as "Ranziman". The five-character part of the cited trademark "Youruixin" adopts a large character design, with the characters relaxed and the inner white space enlarged to make the characters square. The cited trademark No. 6 "Ruishi Dani" is written in the Song Dynasty style, with consistent font size and outstanding distinctiveness and distinction. The trademarks are not similar in terms of overall visual experience, design style and design elements.

applied trademark "Ruiming" is called (ruì míng); cited trademark one and two " Octavia " is called (míng ruì); cited trademark five "Yuruixin R" is called (yōu ruì xīn); cited trademark 6. The name of "Ruishi Dani" is (ruì shī dān ní);

3. The applied trademark has been promoted and used by the applicant for a long time, and has a high reputation and influence, and has a corresponding close connection with the applicant.

This copyright proves that the trademark was formed by the applicant after a long period of conception and has a unique design concept. In December 2019, it was recognized by the National Copyright Office and a work registration certificate was issued. It is the applicant's original work , has outstanding distinctiveness and strong recognizability, and meets the conditions for trademark registration according to the relevant provisions of the Trademark Law.

4. If the applied trademark is not reviewed, announced and approved for registration, it will cause huge losses to the applicant and cause serious damage to the legitimate rights and interests of consumers.

5. Based on the basic principles of the Trademark Law, the registration of a trademark applied for does not conflict with any trademark. The normal and legal registration of the trademark applied for should be protected.

Ruling Result

Due to the detailed analysis of the trademark, which was clear and well-founded, the Trademark Office finally ruled that the trademark No. 41927063 should be preliminarily approved.

Case Inspiration

The "Ruiming" trademark was rejected due to similarity. The applied trademark was a combination trademark, which was similar to the six cited trademarks. Starting from the distinctiveness of both parties, combined with copyright, the applied trademark finally passed the reexamination successfully.