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Regarding the "Zostervax" Trademark No. 59089892 Rejection Review Decision

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Regarding the "Zostervax" Trademark No. 59089892

Rejection Review Decision
Shang Ping Zi [2022] No. 0000249978
Applicant: Beijing Green Bamboo Biotechnology Co., Ltd.
Attorney: Beijing Shengzhou International Intellectual Property Agency Co., Ltd.
The applicant was not satisfied with the rejection of the registration application of the No. 59089892 "Zostervax" trademark (hereinafter referred to as the trademark application) 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 reexamination: the applied trademark has distinctive features, and it has a unique meaning when used on the designated goods, which will not make consumers misunderstood. The applied trademark has formed a stable one-to-one correspondence with the applicant through use. On the same or similar goods, there have been registered trademarks similar to the applied trademark. To sum up, the applicant requests approval of the application for registration of the applied-for trademark.
The applicant submitted evidence such as electronic screenshots of the applicant's company website during the reexamination procedure.
After reexamination, it was found that the use of the applied trademark on the designated goods would easily make consumers misunderstand the content and other characteristics of the goods, which has constituted the situation stipulated in Article 10, paragraph 1, item (7) of the "Trademark Law of the People's Republic of China". . The trademark trial follows the principle of case-by-case trial, and the circumstances in which other trademarks cited by the applicant have been approved for registration are different from those applied for in this case, and are not the statutory basis for the approval of the registration of the applied-for trademark. The evidence submitted by the applicant is insufficient to prove the registrability of the applied mark used by the applicant.
In accordance with the provisions of Article 10, Paragraph 1, Item (7), Article 30 and Article 34 of the Trademark Law of the People's Republic of China, our office has decided as follows: 1/2 of the application for trademark registration on re-examined goods be rejected.
The applicant who is not satisfied with this decision 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.
Collegiate Panel Member: Chen Si
Zhang Xuejun
Sun Xiangqi
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