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Congratulations to Beijing Ruizhibaocheng agents "麦隆咖啡" trademark reexamination successfully ly


Due to dissatisfying the rejection of its trademark "麦隆咖啡" of NO.12192468 in class 30, Yunnan Tianxin Trading Limited authorized our company dealing with the reexamination according to the China trademark law, the provision of article 34, and successfully  safeguard the trademark eventually.

Case review
Trademark contrast
 



Our lawyers’  opinion through analysis and research:

1、No,12192468, application for trademark, specify the use in class 30 groups 01, 02, 05, 06, 15: coffee, not baked coffee, coffee drinks, artificial coffee, species, mainly cereals snacks snacks, tea, tea drinks, honey, beer vinegar commodities.Therefore, the applicant states to give up the exclusive right in 02, 05, 06, 15. Consider an application, the applicant to obtain your commission to use elements of trademarks, approved and registered by the applicant on the 01 group.

2、The application for trademark has obvious differences with cited trademark on sounds,meaning, structure,overall appearance and significance. They don't constitute approximation, not mention to causing public’s confusion. According to the relevant provision of the trademark law, the application of trademark registration shall be approved.

3、The applicant renounced to  give up applying for trademark in other commodities except 30 class 01 group on the application for registration, which used on the coffee, not roasted coffee, coffee drinks, artificial coffee, food commodities, is entirely out of their own coffee brand,so it will not cause consumers’ confusion.

4、Based on investigation, cited trademark 1,  2, 3 belongs to personal. It has never been popularized and advertised through any network publicity.Therefore, the applicant’s widely publicized trademark will not confused with cited trademark to related public.

5、The application for the registration trademark is completely out of goodwill for the protection of intellectual property rights.at present the applicant has successfully ly registered no. 9421577  and no.9670287 same trademark in class 42. In this case "云盒子" trademark registered in class 42 is applied for the joint protection of trademark.As the protective measure on intellectual property , it shall be protected and affirmed.

6、With the long-term use of applicant’s trademark, the characteristics turn more significant and get a high popularity among consumers which will not cause public’s confusion. The application of trademark registration shall be approved.

7、Based on the fundamental principle of China Trademark Law, the application trademark does not conflict with any trademark and has significant and identification. Normal legal application for the trademark registration shall be protected.


•After my company lawyers’ full consideration to the objective conditions and comprehensive analysis to the case, trademark review and adjudication board finally preliminary approved No.12192468  trademark "麦隆咖啡", protecting the legitimate rights for applicants and relevant consumers.
 

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