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Regarding the decision on the review of the refusal of the trademark No. 57839299 "Hanmo Western Regions HANMOXIYU and Map"

AddTime:2022-07-08 13:46:46  Views:

  Applicant: Han Kaiming

Attorney: Beijing Shengzhou International Intellectual Property Agency Co., Ltd.
The applicant refused to accept the application for registration of the trademark No. 57839299 “HANMOXIYU and Map of the Western Regions of Han Mo” (hereinafter referred to as the trademark application) rejected by our bureau, and applied to our bureau for re-examination. Our bureau has accepted it and the trial has now been concluded.
The main reason for the applicant's review: the applied trademark and the No. 16645358 trademark (hereinafter referred to as the cited trademark) cited in the rejection decision do not constitute similar trademarks and will not cause confusion and misidentification by consumers. The applied trademark has already gained a certain reputation after being publicized and used and has established a unique corresponding relationship with the applicant. To sum up, the request is for preliminary examination and approval of the trademark applied for.
After reexamination, it was found that the application trademark and the cited trademark were similar in word composition, call and visual effects, and constituted a similar mark, and their use on the same or similar goods would easily confuse the relevant public, and constituted Article 1 of the Trademark Law of the People's Republic of China. Similar trademarks used on the same or similar goods as referred to in Article 30. The applicant has not submitted evidence to prove that the applied trademark has been used and has distinctive features distinguishing it from the cited trademark.
In accordance with the provisions of Articles 30 and 34 of the "Trademark Law of the People's Republic of China", our office has decided as follows:
The application for registration of the trademark applied for on the re-examined commodity was rejected.
If the applicant is not satisfied with this decision, he may file a lawsuit with the Beijing Intellectual Property Court within 30 days from the date of receipt of this decision, and submit a copy of the complaint to the court at the same time or within 15 days at the latest. notify the Bureau in writing.
Members of the collegiate panel: Zhao Yuhong
Li Jiaona
Cao Na
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