Dissatisfied with the refusal decision of the mark “客里巴巴”with No.22093171 in class 35, the applicant Liao Hongyan entrusted our company to represent its review of refusal. And Gaowo successfully safeguarded its legal rights.
In the case, the proposed mark‘s distinctive part is the Chinese characters “客里巴巴”. While the distinctive part of the cited mark 1 and cited mark 2 is the their unique device design. And the proposed mark and cited mark 1 and cited mark 2 indicate different goods origin at first glance.
Analyzed from the component elements and distinctive part, the proposed mark was composed of device “
”, Chinese characters ”
”and English part”
”. So its component elements are rich. And there is no doubt that the Chinese characters “
” are the distinctive part of the whole mark and plays an important role in indicating services origin.
While the two cited marks both are Chinese character with special design. The unique graphical design is their distinctive part.
Analyzing from the meaning, in the process of business operation, the applicant always takes the sales philosophy of "customers first, merchants win" as its core concept, and integrates the concept into the service logo, which shows great originality.
And the applicant place the Chinese character”客” on the top of the mark in the process of designing the service logo, which fully embodies the concept of “the interests of the customer are paramount”and expresses that the applicant will provide better and improved services for the customers based on the smart home platform . And the meaning of the words”客里巴巴 THE GUEST IN”is the customers and the applicant share common profits so as to achieve the win-win goal.
While the design idea of the two cited marks is derived from the Kejia culture with a long history, and their essence is completely different.
In conclusion,the trademark is designed with the combination of devices and text, which interprets the applicant's sales philosophy "customer first, win-win for customers and merchants" .While the two cited marks are service logos to spread Kejia culture. And the graphic elements involved are of typical characters of Kejia culture such as mountains, Luo river valley and Kejia tulou. The proposed mark is different from the two cited marks in distinctive parts, design idea and overall appearance. Based on the reasonable and well-founded analysis of the attorney from Gaowo, the trademark “客里巴巴” was approved of preliminary publication.
