[Case Summary]
Jiuqi Company is mainly engaged in the design, research and development, production, and sales of bicycles, their components, and related derivative products. Its application for registration of the "HILAND" trademark on Class 12 "bicycles" and other goods was rejected by the Trademark Office due to the citation of previously registered Class 12 similar trademarks "HUI LAND" and "Hiland".
Comparison of trademarks:
Cited mark1
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Cited mark2
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Cited mark3
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After inquiry, the attorney of our unit found that there is only one commodity item remaining in the cited trademark 1 "Hiland" in this case, which does not constitute a prior obstacle to applying for a trademark; The cited trademark 2 "HUI LAND" is in the invalidation procedure, the right state is unstable, and it may be invalidated later; In addition, there are big differences between the applied trademark and the cited trademark in terms of meaning, call, overall structure and visual appearance, which does not constitute a similar trademark, so it is recommended that the customer actively review, and the subsequent customer entrusted our organization to submit a review application.
[Result of Trial]
The review of this case has now been completed, and the results are as follows: The review was successful, and the Trademark Office gave preliminary examination and approval to the application for registration of the trademark in Class 12 reviewed goods. After review, the Trademark Office found that: the cited trademark 2 shall be declared invalid on some commodities after the effective invalidation ruling; It is also held that the remaining approved use of the goods applying for trademark review and the cited trademarks do not belong to similar goods, and the two trademarks do not constitute similar trademarks on similar goods.
[Case Analysis]
In this case, because the Trademark Office invalidated the quoted trademark on the goods of "seat for vehicle", the applied trademark and the quoted trademark did not constitute similar trademarks used on similar goods in the remaining items of goods, and the final review was successful. For the cited trademark with unstable rights status in the withdrawal and invalidation procedures, since it may be invalid due to the subsequent withdrawal/invalidation, it no longer constitutes an obstacle to the prior rights of the application for the trademark, so the applicant can emphasize the explanation at the time of review and request the trademark review and adjudication department to suspend/suspend the trial of the review case. After the results of the third trial on the withdrawal of the cited trademark are released, the review case will be tried to improve the success rate of review.
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