Reexamination of the rejection of the "Ruyi Service" trademark

2020-12-04

In June 2012, a proxy China Greatwall Computer Shenzhen Co., Ltd. (hereinafter referred to as "applicant") in class 37 "install and repair electrical equipment, lighting equipment installation and repair" on commodities such as apply to the state trademark office for the trademark "satisfied service" (hereinafter referred to as the "application for the trademark"), by the trademark office to ZC11111401BH1 trademark shall reject notice of rejection, reason for rejection:The trademark is similar to the Rutong Trademark No. 5546172 registered by China United Network Communications Group Co., Ltd. on similar services. Therefore, it is rejected in accordance with the provisions of Article 32 of the Trademark Law.


The applicant refuses to accept the trademark office of the rejection decision, commissioned in September in 2013 to the trademark review and adjudication board to dismiss the reexamination, my agent pointed out that whether two services, from service contents, ways, purpose, whether consumer groups, etc, in order to cause confusion as the standard of the relevant public synthetically judgment.The Similar Goods and Services Section Table can be used as a reference to judge whether the service is similar, but it is not a standard to judge whether the service is similar, let alone a legal basis: 1.The service items designated for use of the trademark and the service items approved for use of the cited trademark shall not constitute similar goods;2. The trademark and the cited trademark are different in shape, sound, meaning and overall appearance, and do not constitute a similar trademark;3. Reexamination of trademarks has been based on a very wide range of uses.


The Trademark Review and Adjudication Board has accepted the opinion of the agency of Zhong Yi that the reexamination of the trademark and the cited trademark do not constitute similar trademarks on similar commodities and can play a role in distinguishing the sources of the commodities, and may give preliminary examination and approval and publish it.

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