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Beijing Fangyuan Jiahe agent "one second back" trademark refusal to verify the right to verify
Time:2019-09-19

Shanghai Tanuo Information Technology Co., Ltd. was dismissed by the Trademark Office for its “One-second Backward” trademark registered in the 45th category of No. 45,913,14, and specially entrusted our company to represent the trademark for the rejection of the review, and finally achieved the success of the rights protection.


Case review:


“One second back tone” (www.1sbd.cn) is a personal professional credit background investigation system under Shanghai Tanuo Information Technology Co., Ltd. "One second back tone" is the same as its name: second, effective, to help enterprise human resources risk control, relying on the standing data of big data, to be accurate, simple, low price and fast. One-second back-adjustment aims to create a system to prevent personal professional credit risk, help to constrain individual professional dishonesty behavior, and then promote the construction of professional credit throughout Shanghai and even the whole country, and become China's respected professional Internet online background investigation platform.


The significant portion of the trademark applied for the trademark "one second back" as a trademark is significantly different from the cited trademark 1-2 consisting solely of graphics in the salient part, overall appearance, meaning and call.


The trademark comparison chart is as follows:

 

The application for a trademark is a combination of a graphic and an English, with the text "one second back" as a whole to identify the part as a whole. The cited trademark 1-2 is composed of a simple figure and has a single constituent element, so the "graphic" is a prominent part.


Applicants in this case chose the color of red and coffee color as the logo, elegant, simple, solemn and elegant, and can grasp the public's eyes in the first time. Citation of the trademark 1-2 single color, simple, monotonous, and the visual effect of the application of the trademark to the public is significantly different, will not cause public confusion.


The application trademarks are composed of pictures and texts, arranged side by side, and the structure is rigorous; and the cited trademarks 1-2 constitute a single element, which is only graphically recognized and simple and simple.


The application trademark graphic is designed around “one second back tone”: the graphic highlights “1” and “s”, and the stereoscopic view is the number “1”; in the horizontal direction, the symbol “s” is simple and intuitive. At the same time, the "Lightning" graphic effect is added, and the integration becomes one, which means that the service is fast and efficient. The number "1" is separated up and down, inclined, up and down, and the bottom is the upper projection. The following image shows that the "background investigation" service maps the original information more accurately and more realistically. Therefore, the application for the trademark as a whole points to "one second back".

Citation mark 1“”The graphic design comes from the "HD" of the registrant's enterprise font size "Hida": the letter "H" is located in the middle of the logo, corresponding to the first word "sink" of the enterprise font size; the letter "D" is located at the periphery of the logo, corresponding to the tail of the enterprise font size" Da." Therefore, the cited trademark 1 refers to “Hida Intellectual Property” as a whole.

Citation trademark 2 graphics“”,

The graphic design comes from the "HT" of the series trademark "Huitong": the whole figure is "H", the lines are closely connected, not separated, corresponding to the word "Hui"; the single letter "T" corresponds to the tail word "通" . Secondly, according to the inquiry, Shenzhen Huitong Business is a wholly-owned subsidiary of the trademark registrant Huawei, specializing in business travel services, and the registrant registered a series of word trademarks “Huitong” and “Huitong Business Travel”. Therefore, the cited trademark 2 refers to the “Huitong Business Travel” as a whole.


The application for trademarks contains clear Chinese characters. For the Chinese public who communicate with Chinese characters every day, the call must be “one second back tone”; and the cited trademarks 1-2 are simply composed of graphics. In the market practice, the relevant public generally corresponds. The Chinese character is called. Therefore, the cited trademark 1 call is “Huida”, and the cited trademark 2 call is “Huitong”.


The application for trademark in this case is the original logo of the applicant. It is the continuation and inheritance of the registered trademarks of the applicant. It has brand consistency and has formed a high degree of one-to-one correspondence with the applicant. Should be protected and affirmed. Due to the reasonable analysis of the lawyers of our company, the Trademark Review and Adjudication Board finally ruled that the "one second back" trademark of 28861114 was initially examined.