Applicant:Yunnan Jincaijixiang Decoration Design Engineering co. LTD
Agent:Beijing Gaowo IP firm
The applicant who is not satisfied with the refusal decision on the trademark “迪奥” with No. 22993786 apply for review before the Trademark Review and Adjudication Board(TRAB).
Details of review reasons by the applicant are as follows: the subject mark is different from trademark “迪奥斯”under No.5575340(cited mark 1), “皇家迪奥HUANGJIADIAO”under No.10993169(cited mark 2) and trademark “迪澳DOOR”under No.8335950(cited mark 3) in meaning, overall appearance and pronunciation. They are not similar trademarks. And there are trademarks similar to this case have been registered. So the applicant kindly ask of the TRAB for preliminary publication of the subject mark.
After checking, the registration on “Non-metallic plate”of the cited mark 1 has been canceled based on non-use for 3 years till this case is heard. And the registration on “fireproofing ; Bitumen products for construction; buildings, not of metal; building glass”remain valid. While the registration on “wood floor; floors, not of metal”of cited mark 2 has been canceled based on non-use for 3 years. While the registration on other products of cited mark 2 remain valid.
Our board thinks that the designated products of the subject mark and the products of cited mark 1 and cited mark 2 don’t belong to identical or similar products. So the subject trademark and cited mark 1 and cited mark 2 are not similar trademarks in respect of identical or similar products.
The subject trademark contains Chinese characters”迪奥” which is the same as the cited mark 3”迪澳”in pronunciation and similar in character composition and visual effect. So they are similar trademarks. Besides, the designated products “plastic floor; parquet flooring”of the subject mark are similar to the products”doors, not of metal*”of cited mark 3. And the coexistence of the subject mark and cited mark 3 in the market will mislead the public about the goods origin. So the registration on similar products should be refused. While the other products including” wood paving”are not similar to the products of cited mark 3. So the registration on different goods should be preliminary published.
According to the provisions of Article 28, Article 30 Article 34 of trademark law and the Article 21 of Implementation Regulation of the People’s Republic of China, our Board decides :
The registration on “plastic floor; parquet flooring” of the subject mark should be refused.
While the registration on the other products should be preliminary published.
