Authorized Agent: Shanghai Zhubang Intellectual Property Agency Co., Ltd.

The applicant refuses to accept the rejection decision of the Trademark Office 16302390 (hereinafter referred to as the trademark application) because of the "causality" trademark number, and applies to our Committee for reexamination.

The main reason for applying for reexamination: the trademark applied for is obviously different from the "causality" trademark number. 15 17 1763 (hereinafter referred to as 1 cited trademark) and No.9786682 "Causality" trademark (hereinafter referred to as No.2 cited trademark) cited by the Trademark Office do not constitute approximate trademarks. The applicant has filed an application for revoking the citation of trademark II for three consecutive years, requesting an extension of the trial of this case. To sum up, it is requested to preliminarily examine and approve the trademark registration application in the reexamination service.

It was found through trial that by the time the case was concluded, the cited trademark II had been revoked by the Trademark Office because it had not been used for three consecutive years, and the revocation decision had taken effect.

The Committee believes that there is no conflict of rights between the applied trademark and the quoted trademark 2, because the quoted trademark 2 has expired.

Where the service of nursing home designated by the application for trademark is not similar to the service approved by the cited trademark I, and the trademark application and the cited trademark I on the above-mentioned service do not constitute similar trademarks used on the same or similar services, the application for trademark registration on the above-mentioned service shall be preliminarily examined and approved.

The "cause and effect" of trademark application is the same as the "cause and effect" of the cited trademark 1, and it is similar in terms of text composition, address, overall appearance, etc., and does not have a specific meaning to clearly distinguish them, giving consumers an indistinguishable overall impression, which has constituted an approximate trademark. The use of the above-mentioned trademark * * * in the same or similar services such as restaurants outside nursing homes is likely to cause consumers to confuse and mistake the source of services, which has constituted the use of the same or similar services.

According to the provisions of Articles 28, 30 and 34 of the Trademark Law of People's Republic of China (PRC) and Article 21 of the Regulations for the Implementation of the Trademark Law of People's Republic of China (PRC), our Committee has decided as follows:

The application for trademark designation registration of nursing home services shall be preliminarily examined and approved, and the application for trademark designation registration of other accreditation services shall be rejected.

If the applicant refuses to accept this decision, he may bring a lawsuit to Beijing Intellectual Property Court within 30 days from the date of receiving this decision, and send a copy of the complaint to the people's court or inform our Committee in writing within 15 days at the latest.

Related recommendation: When can the trademark registration number 7956 198 be reviewed?

Registration number 4256508, trademark reexamination and trademark defense