Applicant: Jiangsu Yunshidao Network Technology Co., Ltd.

Authorized Agent: Sichuan Dingfeng Intellectual Property Agency Co., Ltd.

The applicant refused to accept the rejection decision of the Trademark Office for the graphic trademark No.21545484 (hereinafter referred to as the trademark application), and applied to our committee for reexamination.

the main reason for the applicant's reexamination is that the trademark No.43216 "CTPC and Pictures of China TV Drama Production Center", the graphic trademark No.432169 and the graphic trademark No.1343741 (hereinafter referred to as cited trademarks 1 to 3) cited by the Trademark Office do not constitute approximate trademarks. The failure to renew and exceed the renewal period of the cited trademarks 1 and 2 no longer constitutes an obstacle to the right to apply for trademarks. To sum up, the applicant requests approval to apply for trademark registration.

The applicant has submitted the publicity and use evidence of the trademark application to our committee as evidence.

it was found through trial that by the time of trial of this case, the cited trademarks I and II had been cancelled, so they no longer constituted a prior right obstacle to applying for trademark registration.

We believe that the applied trademark is a pure graphic trademark, which is similar to the cited trademark III in terms of composition elements, design style and overall visual effect, and has constituted an approximate logo. The other services specified in the trademark application except online video recording (non-downloading) belong to the same or similar services as the education services approved in the cited trademark III. If they are used in the above services, consumers will easily be confused and mistaken about the service source, which has constituted the situation stipulated in Article 3 of the Trademark Law. The online video recording (non-downloading) service designated for the trademark application and all the services approved for the use of the cited trademark III do not belong to the same or similar services, so the above services of the applied trademark and the cited trademark III do not constitute the situation stipulated in Article 3 of the Trademark Law. The evidence submitted by the applicant is not enough to prove that the applied trademark is distinctive from the cited trademark.

In accordance with Articles 28, 3 and 34 of the Trademark Law of the People's Republic of China and Article 21 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China, our Committee has decided as follows:

The application for registration of trademark designation for providing online video (non-download) services will be preliminarily examined, and the application for registration of trademark designation for other review services will be rejected.

if the applicant refuses to accept this decision, he may bring a suit in Beijing Intellectual Property Court within 3 days from the date of receiving this decision, and send a copy of the complaint to the people's court at the same time or inform our committee in writing at the latest within 15 days.

Related recommendation: When will E graphic trademark issue the notice of trademark objection?