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Beijing Fangyuan Jiahe agent "Tang Dafu" trademark refusal to verify the right to verify
Time:2019-09-19

Tang Youfen refused to accept the trademark “Tang Dafu” registered in the 14th category of “Tang Dafu”. He specially entrusted the company to represent the trademark to reject the review and finally succeeded in defending the rights.


Case review:


Applicant “Hainan Tangdafu Jewelry Co., Ltd.” was founded by Tang family. It is a comprehensive chain enterprise integrating design, production and sales of gold, jade, diamond inlay and silver jewelry. At the same time, “Tang Dafu” and its series of trademarks are original for applicants, and have a high reputation and influence in the “jewelry field”. They have formed a corresponding relationship with the applicant and gained recognition and familiarity from consumers.


The application for trademarks and citation marks are clearly different in meaning and overall appearance.


The comparison chart is as follows:

申请商标

28995948

引证商标

10752623

The application for trademark is the original creation of the applicant. The word “Tang” is the surname of “Tang Youfen”, the corporate legal person of Hainan Tang Dafu Jewelry Co., Ltd., which symbolizes that “Tang Dafu” was created by the Tang family. "Dafu" foreshadows good luck and happiness. The trademark as a whole has a unique design concept and is highly distinctive.


The overall meaning of "Tang Dafu" is that the Tang family must have good luck and have a good fortune. It means that the enterprise has the blessing of the Tang family in the process of development, and the development of the enterprise can be rich and expensive. Moreover, the applicant "Hainan Tangdafu Jewelry Co., Ltd." uses "Tang Dafu" as the company name, and uses it as the name of the jewelry store store to directly guide the source of the goods.


The cited trademarks "Tang Fu" and "Tang" refer to the Tang Dynasty here. "Fu" is all smooth and lucky. The trademark registrant is engaged in the medical industry. "Tang Fu" reflects that the registrant wants the customer to be well-being.


The application for trademark is a combination of the words "Tang Dafu" and the letter "TANG DA FU". The text and the alphabet are arranged one-to-one. The overall design structure and the simple two characters of the cited trademark are obviously different.


In this case, when the relevant groups habitually purchase the trademark “Tang Dafu” products, they will not be confused or misunderstood with the products of the reference trademark “Tang Fu”, which has obvious differences in meaning, overall appearance and calling. Therefore, based on the consumption habits of relevant consumer groups, the application for trademarks and citation marks are not likely to cause confusion or misunderstanding in actual use, and the application for trademarks should be approved and registered.


Due to the reasonable analysis of the lawyers of our company, the Trademark Review and Adjudication Board finally ruled that the trademark "Tang Dafu" of No. 28995948 was initially examined and approved.