[Case Summary]

The "BRIIGHT N and Diagram" trademark applied for by Shanghai NN Group Company in Class 36 related services has received a rejection notice from the Trademark Office, citing five trademarks containing "BRIIGHT" or "Bright". The preliminary judgment of this case is that the difficulty of re examination is relatively high.

But after careful comparison, my agent found that all five cited trademarks have Chinese parts, and the Chinese part is more prominent in the overall trademark. In the Chinese environment, the general public has a higher recognition of Chinese trademarks; And my client's trademark application is an English trademark that has been graphically designed, and there is still a considerable degree of differentiation between the two, with room for differentiation.

With this as the starting point, the agent carried out a detailed trademark comparison and reasoning argument for each trademark, and finally the China National Intellectual Property Administration decided to make a preliminary announcement on the 36th category of "BRIght N and figure" trademarks.

[Case Analysis]

The key to the successful review of this case lies in: firstly, it is necessary to compare the differences in the overall appearance of the trademark, without worrying about the common parts of the trademark; Secondly, in cases where there are many cited trademarks, it is advisable to refine the goods or services as much as possible, and combine the differences in the subject field of the trademark application to prove that it is not easy to confuse consumers.