Trademark YiziNo in 2006. 0 1 178

Patent and Trademark Office of China Council for the Promotion of International Trade:

Xuzhou Wuliangcai Glasses Co., Ltd.:

On behalf of Guqiao Gu Xi Co., Ltd. (hereinafter referred to as the "dissident"), the Patent and Trademark Office of China Council for the Promotion of International Trade raised an objection to Xuzhou Wuliangcai Glasses Co., Ltd. (hereinafter referred to as the "dissident") and the trademark "Guqini" of our bureau, which was initially approved by our bureau and published in the trademark announcementNo. 1752695. The dissenter fails to make a reply within the prescribed time limit.

Objection reasons of the objector: The trademarks such as GUCCI and Gucci of the objector have become well-known trademarks in China. The objected trademark "GUCHINI" and the objected trademark "GUCCI" are similar in word formation and pronunciation, and both trademarks are used in commodities such as "glasses", which is easy to cause confusion and misunderstanding among consumers. The objected trademark is a malicious imitation of the opponent's trademark, which violates the principle of good faith and will seriously infringe on the legitimate interests of the opponent.

According to the facts and reasons stated by both parties, we believe that:

The objected trademark "GUCHINI" is designated to be used on the ninth category of "glasses" and other commodities. The trademark "GUCCI" has been registered on the ninth category of "glasses" and other commodities. The objected trademark consists of seven letters, and the objected trademark consists of five letters. There are significant differences between the two trademarks in letter composition, address and overall appearance, and they are not similar trademarks. Although they are all used on "glasses" and other commodities, they do not constitute approximate trademarks used on the same similar commodities. The objector also claimed that the objected trademark was a malicious imitation of its trademark, but did not provide any evidence to prove it. Therefore, our bureau does not support this objection.

According to the provisions of Article 33 of the Trademark Law of People's Republic of China (PRC), our bureau ruled that the objection raised by the objector could not be established, and the trademark number was. 1752695 "Gucci" was approved for registration.

According to the provisions of Article 33 of the Trademark Law of People's Republic of China (PRC), if a party refuses to accept this ruling, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving this ruling.

June 5(th), 2006