[Case Summary]
In December 2020, Zhejiang Medical and Health Products Company applied for registration of the 5th type "ANDOCID" trademark, during the announcement period, the trademark was filed by others, the main reasons for objection are: The other party believes that the said trademark and the previously registered "ADOCIA" trademark constitute similar trademarks used on similar goods, and requires that the said trademark not be approved for registration based on Article 13 of the Trademark Law, and the law Tao accepts the client's authorization to respond to the objection request raised by the opponent.
Comparison of trademarks:
The opposed mark
|
Cited mark
|
|
|
After analysis, we believe that: the trademark in question is originally designed by the opponent, although the two trademarks have a certain degree of similarity, the examination of English trademarks pays more attention to the composition of the trademark letters, the overall appearance and meaning, from the above aspects of comparison, there is a certain difference between the two trademarks, consumers can easily distinguish between the two.
Based on the above analysis and combined with the relevant evidence provided by the customer, our attorney sorted out and submitted the objection defense materials.
[Result of Trial]
The objection to this case has now been heard, the Trademark Office supports and recognizes our proposition, and the final decision is: successful defense. The Trademark Office believes that the letter combinations of the trademarks of the two parties are different, and the overall appearance is different, so the trademarks of the two parties do not constitute similar trademarks on similar goods, and the coexistence of use should not cause confusion to consumers. Registration of the trademark referred to in Class 5 "ANDOCID" is granted.
[Case Analysis]
In the examination of English trademarks, the Trademark Office pays more attention to the differences in the composition, meaning and overall appearance of the English letters, so even if the English trademarks have a certain similarity from the first glance, if the overall logo composed of the letters of the respective trademarks has differences in the meaning and overall appearance, there is the possibility of successful objections and trademark registration. If the trademark applicant receives the notice of reply to the trademark objection, there is no need to panic, and according to the specific analysis of the reason for the opposition of the other party, the trademark is also more likely to be registered successfully.
|
