Why the trademark review of Evergrande Bank was rejected

1. Basic case facts

The trademark No. 18271460 "Evergrande Bank" is owned by Evergrande Real Estate Group Co., Ltd. ( That is, the applicant in this case) submitted a registration application on November 6, 2015, and designated it for use in Category 36 "installment loans" and other services. Later, the Trademark Office rejected the registration on the grounds that the applied trademark was inconsistent with the name of the applicant, and its use in designated service items would easily cause confusion among consumers, violating Article 10, Paragraph 1, Item (7) of the Trademark Law. Apply. On December 23, 2016, the applicant was dissatisfied with the above-mentioned rejection decision of the Trademark Office and submitted a review to the Trademark Review and Adjudication Board in accordance with the law.

II. Decision Result

After review, the Trademark Review and Adjudication Board held that the applied trademark is a purely Chinese trademark "Evergrande Bank". The wording is inconsistent with the applicant's name and there are substantial differences. Designated for use in services such as "banking", it is easy for consumers to misunderstand, and has constituted the situation referred to in Article 10, paragraph 1, item (7) of the "Trademark Law". Therefore, the registration of the applied trademark on the review service The application was dismissed.

3. Typical significance

The provisions of Article 10, Paragraph 1, Item (7) of the Trademark Law are deceptive and can easily make the public doubt the quality and other characteristics of the goods or Any misidentification of place of origin shall not be used as a trademark. If the administrative division or geographical name, trade name, industry or business characteristics, and organizational form of the enterprise name contained in the trademark are inconsistent with the name of the applicant, it will be determined that there is a substantial difference from the name of the applicant. This situation falls within the provisions of this article and is likely to confuse the public. One of the situations where the source and content of goods or services are misunderstood. The banking industry is a special industry strictly controlled by the state. From the perspective of financial security, trademarks containing the words "bank" or "BANK" can easily cause the relevant public to identify them as financial institutions or to be associated with financial institutions, leading to misunderstandings. . Therefore, if an applicant without relevant professional qualifications applies to register a trademark containing the word "bank" or "BANK", it will be considered a violation of Article 10, paragraph 1, item (7) of the Trademark Law.

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