Authorized Agent: Sichuan Ding Feng Intellectual Property Agency Co., Ltd.

The applicant refused to accept the rejection decision of the Trademark Office, and applied to our Committee for reexamination because of the graphic trademark number 2 1545484 (hereinafter referred to as the trademark application).

The main reasons for the applicant's reexamination are: No.40302 16 "Attached Drawings of CTPC and China TV Drama Production Center", No.4032 169 andNo. 1304374 1 (hereinafter referred to as the cited trademark 1-3). The cited trademarks 1 and 2 that have not been renewed or exceeded the renewal period no longer constitute obstacles to the right to apply for trademarks. To sum up, the applicant requests approval to apply for trademark registration.

The applicant submitted the publicity and evidence of applying for trademark to our Committee as evidence.

It was found through trial that the cited trademarks 1 and 2 had been revoked by the time of trial of this case, so they no longer constituted an obstacle to the prior right to apply for trademark registration.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 constituent elements, design style and overall visual effect, and has constituted an approximate mark. Other services specified in the trademark application except network video recording (non-downloading) belong to the same or similar services as the educational services approved in the cited trademark III. If it is used in the above-mentioned services, consumers are easy to confuse and mistake the source of services, which has constituted the situation stipulated in Article 30 of the Trademark Law. The network video recording (non-downloading) service specified for trademark application does not belong to the same or similar services as all the services approved for the use of the cited trademark III, so the above services for trademark application and the cited trademark III do not constitute the situation stipulated in Article 30 of the Trademark Law. The evidence submitted by the applicant is not enough to prove that there is a significant difference between the applied trademark and the cited trademark.

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 of online video recording (non-downloading) services shall be preliminarily examined and approved, and the application for trademark designation of other censorship 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.

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