Lingrui Pharmaceutical was dissatisfied with that the application of mark with No.29021110 was refused by Trademark Office, and entrusted our company to represent review against the refusal. And we succeeded in safeguarding its legal rights.
The applicant has strong strength. As early as 2002, the brand "羚锐 LINGRUI" was recognized as a well-known trademark by the Trademark Office. And the proposed mark, as a mark similar to the "羚锐 LINGRUI" brand, should be protected similarly.
To analyze from the distinctiveness of trademarks: the distinctive part of the proposed mark are the Chinese characters “羚锐暖洋洋”, while the cited marks 1-4 are only devices which are their distinctive parts respectively.
The proposed mark”
” is a typical combination mark.In actual use, the device part uses the enthusiastic red and lively yellow as its main colors and its image symbolizes warmth,sunshine, festivity and good luck, attractive, eye-catching and easy to identify.
The logo of the proposed mark is surrounded by red circles with progressive shades from the outside to the inside, inlaid with the letters ‘LINGRUI ANTELOPE ', representing the ANTELOPE, which corresponds to the main brand of the applicant.Inside, a humanoid "gazelle" with a hat, scarf and gloves is outlined in a line, extending its right hand as if "introducing the product" to the public enthusiastically.The "gazelle" clothing is marked with the "
" logo, which again corresponds to the applicant's flagship brand.
While cited marks 1-4 are all taken from the characters in the cartoon Pleasant Goat and Wolffy.
SO the proposed mark is obviously different from the cited marks in overall appearance and distinctive part.
Based on the different market positioning and pattern of "Lingrui" brand and "Pleasant Goat and Wolffy" animation works, the proposed trademark can correctly guide the source of goods, and will not cause public confusion and misunderstanding. Besides, the proposed mark is mainly used on “medicine”, while the cited marks are mainly used on “cartoon”. So they are different in consumers and content,and no confusion will be caused in actual use.
Based on the reasonable and well-founded analysis of our attorney, the CNIPA finally approved the proposed mark with No.29021110 of preliminary publication.
