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On August 27,2021, the applicant filed four trademark registration applications of RYUGYONG GOLDEN PLAZA and design (hereinafter referred to as the applied-for trademark), the identifications are “online market for goods and services;hotel business management;import and export agency;modelling services for advertising or marketing;business survey; business management assistance; business management and organization consulting; business research; management services for commercial enterprise migration” in Class 35, “rental of offices [real estate]; accommodation bureau services [apartments]; capital investment; credit cooperative; e-wallet payment services; exchanging money; arranging finance for construction projects; online banking service; real estate management”in Class 36, “bar services; café services; restaurant services; food and drink catering；self-service restaurant services; snack-bar services; restaurant serving udon and soba noodles; washoku restaurant services; hotel services; rental of meeting rooms”in Class 43, and “health centre services; beauty salon services; hairdressing; manicuring; solarium services; rental of sanitary installations; massage; public bath services for hygiene purposes; sauna services; beautician services” in Class 44. The Trademark Examiner issued four Office Actions and rejected all of the applied-for trademarks on the ground that there are prior pending applications have been found. The applicant decided to file trademark review requests represented by Beijing Tiandun IP Agency, finally, we successfully got all of the applied-for trademarks registered. II Decisions
The applied-for trademarks are word and design combined trademarks, the focuses of present cases are whether or not the design parts of the applied-for trademarks are similar to the cited marks. After being entrusted by the applicant, Beijing Tiandun IP Agency assigned a senior trademark agent who carefully analysed the grounds of rejection. The originality of the applied-for trademarks is elaborated in the trademark review requests, the applied-for and cited trademarks, from the multi-dimension of the differences among the sound, appearance and meaning, especially from the overall appearance, making them distinguished among the sources of service and clients won’t be confused. In the end, the Trademark Office accepted our arguments and made the Trademark Review Decisions to allow all the applied-for trademarks to be published for opposition. III Analyses
Pursuant to the Article 31 of the Trademark Law of China, where two or more applicants file identical or similar trademark registrations with the same or similar identifications, the first filed application shall be allowed to be published for opposition. Where the applications, filed on the same day, the one first used shall be be allowed to be published for opposition, the others shall be all rejected. In the present cases, the applied-for trademarks contain graphic elements of a high-rise buildings and an artistically curved into a nearly round open to the left willow strips. The buildings shows the clear outline, scattered lines, simple and generous and the willow strips are designed to bend into a nearly round open to the left ribbon. Therefore, compared with the applied-for trademarks and the cited trademarks, their design concepts are different and the overall appearance forms are obviously different. IV Inspiration
With the number of trademark registration applications are getting larger and larger, the trademark applicants are facing more and more potential risks. Therefore, giving up the opportunity for filing trademark review requests is not a good choice to safe guard the applicants’ rights and interests. In accordance with the Standards of Trademark Examination, the word and design combined trademarks, the wording part and design part shall be examined separately. Once any part is rejected, the whole trademark application shall be rejected. To decrease the risk of rejection, we strongly suggest the applicants file the word mark and design mark separately. Once they are both registered, the applicants are allowed to use them together.
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