FINDTO
Search
FINDTO
2

FINDTO

CHINT and pictures (3034418)

  • Categories:Patent cases
  • Author:
  • Origin:
  • Time of issue:2017-07-21 00:00
  • Views:

CHINT and pictures (3034418)

(Summary description)  1, nature: reply

  2, trademark office reasons: the objection trademarks "CHINT" and "designated" designated in the nineteenth category of "construction asphalt felt; waterproof coiled material" on the merchandise. The object of the cited trademark "CHINT" is "semi-finished timber, soil, sand, stone, etc.". Two although the trademark constitution is the same, there are still some differences in the use of the goods in terms of function and use, which are non similar goods. Therefore, the opposition trademark and the opposition trademark do not form the similar trademarks used on similar goods.

  • Categories:Patent cases
  • Author:
  • Origin:
  • Time of issue:2017-07-21 00:00
  • Views:
Information

  1, nature: reply

  2, trademark office reasons: the objection trademarks "CHINT" and "designated" designated in the nineteenth category of "construction asphalt felt; waterproof coiled material" on the merchandise. The object of the cited trademark "CHINT" is "semi-finished timber, soil, sand, stone, etc.". Two although the trademark constitution is the same, there are still some differences in the use of the goods in terms of function and use, which are non similar goods. Therefore, the opposition trademark and the opposition trademark do not form the similar trademarks used on similar goods.

  The "CHINT" trademark which was registered and used by the opposition in the commodity of the low voltage apparatus was recognized as a well-known trademark by our bureau in 1999. This fact can prove that the "CHINT" trademark which is registered by the opposition and used in the commodity of the low voltage appliance has certain influence. However, the "construction linoleum" and "waterproof coiled material" used in this case are quite different from the market of low voltage electrical goods. Therefore, by the registration and use of trademarks objection can serves to distinguish the goods production source, will lead to consumer confusion or misunderstanding, will not damage the interests of the opponent.

 

  In accordance with the thirty-third provisions of the trademark law, my bureau ruled that the objection made by the opposition was not valid, and that the No. 3034418th "CHINT" and "logo" were approved for registration.

 

  3, objection, objection: objection trademarks and dissent "CHINT" trademark similar, similar to the use of goods. The registration of an objection trademark is contrary to the relevant provisions of the trademark law.

 

  4, the respondent's defense reasons: the objection trademark does not violate the law, apply for registration is a legitimate act. Although the opposition trademark has been rated as a well-known trademark, its use of goods in the ninth category will not be able to counter the disputed trademarks. The trademark in question may not cause consumer confusion or misunderstanding in the market, the trademark shall be approved and registered.

 

  5: comment: as the two trademark specifies the use of goods belonging to non similar goods, therefore, the opposition trademark and the opposition trademark do not constitute the similar trademark used on similar goods. The opponent registered and used in low-voltage electrical products on the "CHINT" trademark in 1999 by the Trademark Bureau had identified as well-known trademarks, but the fact that only can prove that the opponent registered and used in low-voltage electrical products on the "CHINT" trademark has a certain influence. In this case, the "construction linoleum" and "waterproof coiled material" used in the trade mark are quite different from the market of low voltage appliance products. Therefore, by the registration and use of trademarks objection can serves to distinguish the goods production source, will lead to consumer confusion or misunderstanding, will not damage the interests of the opponent. This further proves that the well-known trademark does not necessarily cross class protection when it is protected, but still needs to compare and judge the goods.

Previous: None
Next: None
Previous: None
Next: None
FINDTO

Address:16th floor, building 2, yard 16, Lize Road, Fengtai District, Beijing

FINDTO