Applicant: Xilingol Mengte Haoke Meat Development Co., Ltd.
Agent: Beijing Qingchuang Xinyuan Intellectual Property Agency Co., Ltd.
The applicant is due to The "Wuzhu Mudu" trademark No. 22236280 (hereinafter referred to as the applied trademark) was dissatisfied with the Trademark Office's decision to reject it and applied to our committee for review.
The applicant’s main reason for reexamination: The trademark No. 4990291 “Wuzhu Muqinji Tu” cited in the trademark application and the Trademark Office’s decision to reject the trademark (hereinafter referred to as the cited trademark) does not constitute a similar trademark on similar goods. The applicant will file an application to withdraw the cited trademark or transfer the trademark to the applicant. In summary, we request preliminary approval of the trademark application.
After the trial, it was found that: by the time of the trial, our committee had not received the withdrawal or transfer materials of the cited trademark, and the cited trademark was still a valid registered trademark.
Our committee believes that the applied trademark "Wuzhu Mudu" and the cited trademark Chinese character "Wuzhu Muqin" have similar text composition and no obvious difference in meaning. If they coexist in meat, they are the same or similar. The goods are likely to confuse the relevant public, so the two trademarks have constituted similar trademarks used on the same or similar goods as specified in Article 30 of the Trademark Law.
In accordance with the provisions of Articles 30 and 34 of the Trademark Law, our committee has decided as follows:
The application for registration of the trademark applied for on the reviewed goods shall be rejected.