When many people apply for trademarks, their trademark agents will advocate registering the combined trademarks separately. Many applicants hesitate because they find it troublesome and spend more money. However, they do not know that the probability of successful application for trademark registration is much higher than the probability of successful application for combination trademarks. All of this is because trademarks are registered separately, the probability of approximation will also be reduced, and it will be very convenient to split or combine them in the future use of the trademark. The trademark case I shared with you today was rejected because of the graphic approximation of the combination trademark.
case review
applicant is dissatisfied with the trademark rejection notice of "Dongchen Jinhui E-TIME GOLDEN DAWN HOTEL" registered on category 35 designated services issued by National Intellectual Property Office , and the applicant filed a request to reject the trademark registration review.
Trademark comparison diagram
Facts and reasons
1. The application trademark is composed of graphics, English "E-TIME GOLDEN DAWN HOTEL" and Chinese character "Dongchen Jinhui". The graphic part is composed of a phoenix pattern and a lotus shape. The phoenix head has a crown feather, and the Guanyin throne element is added below. The text below is written in bold . Cited trademark 1 is composed of graphics, Chinese characters "Phoenix Sky" and English "PHOENIX SKY". The middle of the graphics is a crescent moon, and the surroundings are decorated with petals. The overall trademark is made of black. The text below is written in Huakang New Variety Show font. The cited trademark 2 is composed of a graphic, Chinese character "Chuandong Bashi" and English "CHUANDONGBASHI". The graphic is composed of five irregular arcs, and the text below is written in Lishu.
The central pattern of the trademark applied for is a phoenix reborn in Nirvana, symbolizing the founder's hard entrepreneurial spirit. The surrounding patterns are lotus flowers and phoenix tails together form a rising flame. The bottom pattern is Guanyin's throne pattern and smiley face symbolizes the Dongchen Jinhui Hotel's original intention and customer-oriented concept; in the trademark "Dongchen Jinhui" is the applicant's corporate font, and the English "E-TIME GOLDEN DAWN HOTEL" is the English translation of Chinese characters.
citation trademark 1 refers to a phoenix soaring in the sky. Citation Trademark 2 "Chuandong Bashi" is the corporate font of the citation Trademark 2 registrant, representing the citation Trademark 2 registrant himself.
Here are examples of successful trademarks similar to this case, as follows:
trademarks are relatively weak in trademarks because the graphics are common patterns of this product, or mainly play a decorative and background role, and the overall meaning, call or appearance of the trademark is obvious, which is not easy to confuse the relevant public about the source of the goods or services. The following is not determined to be an approximate trademark:
In summary, the applied trademark and the cited trademark 1-2 have significant differences in composition, overall appearance, call and meaning, and do not constitute an approximation. It should be approved for registration as a trademark.
2. The trademark application is original by the applicant. The trademark application was created in April 2018 in the form of works and was first published in November 2019. The applicant will submit the trademark image and text to the trademark image and text in the form of works to the trademark National Copyright Administration , and will be registered after review. The applicant enjoys his copyright as the author in accordance with the law.
Applicants strictly use the trademark application, and the trademark words "Dongchen Jinhui E-TIME GOLDEN DAWN HOTEL" can be seen everywhere within the company.
3. The registration of the trademark application does not conflict with any trademark. It is significant and identifiable. Registration for the normal and legal trademark application should be protected.
ruling result
Because of the detailed analysis of the trademark, clear and reasonable, the Trademark Office finally ruled that the trademark "Dongchen Jinhui E-TIME GOLDEN DAWN HOTEL" will be preliminarily approved.
case enlightenment
"Dongchen Jinhui E-TIME GOLDEN DAWN HOTEL" trademark was rejected due to its approximation, and the applied trademark is a combination trademark. The reason for the approximation is that the graphic part is similar to the cited trademark. By analyzing the difference between the applied trademark and the cited trademark, the overall difference between the trademark was distinguished, and the applied trademark was finally successfully passed the review.
