[Case Summary]
The "SANTECO" trademark applied for registration by Company H on goods such as Class 7 "Electric Coffee Grinder" and Class 21 "Coffee Cup" has been rejected by the Trademark Office due to the citation of previously registered trademarks such as "Sega Blue" and "Shiji SHI JI". The specific details are as follows:
Trademark Comparison:
the applied-for mark（Category Seven）
|
cited mark
|
|
|
|
|
the applied-for mark（Category twenty-first）
|
cited mark
|
|
|
We believe that the applied trademarks have a distinctive recognizable part of "SANTECO", and there are significant differences in the composition of words, pronunciation, meaning, and the design style and overall visual appearance between the applied trademark and each cited trademark. Therefore, we suggest that the client actively appeal for reconsideration.
[Result of Trial]
The trial for reconsideration has now been concluded, and the result is as follows: the applied trademark is provisionally approved.
The Trademark Office, after reexamination, believes that the applied trademark and each cited trademark differ in composition, overall presentation form, etc., and that the relevant public can effectively distinguish them when given general attention. The above trademarks do not constitute similar trademarks, therefore, the applied trademark may be provisionally approved.
[Case Analysis]
Similar trademarks refer to those whose characters in terms of shape, pronunciation, meaning, or the composition of the graphic design, colors, or the overall structure of the combination of elements are similar, and may cause the relevant public to mistakenly believe that the goods originate from the plaintiff's registered trademark or have a specific connection with the plaintiff's registered trademark goods. When judging whether trademarks are similar, it is necessary to follow the principles of overall comparison, comparison of the main parts, and isolation comparison. Generally, the textual part is the main identifying part of a trademark.
In this case, the applied trademark is a combined trademark, and the textual part is easy to call out. Compared to the graphic design, consumers' attention is still |
