No.1178 (26)
Patent and Trademark Office of China Council for the Promotion of International Trade:
Xuzhou Wuliangcai Glasses Co., Ltd.:
The patent and trademark office of China Council for the Promotion of International Trade represented Guqiao Guxi Co., Ltd. (hereinafter referred to as the dissident) against Xuzhou Wuliangcai Glasses Co., Ltd. (hereinafter referred to as the dissident), which was preliminarily approved by our bureau and published in the No.816th Trademark Announcement. The objector fails to make a reply within the prescribed time limit.
reasons for dissent: trademarks such as GUCCI and Gucci of the dissenter have become well-known trademarks in China. The objected trademark "GUCHINI" is similar to the dissident trademark "GUCCI" in word formation and pronunciation, and both trademarks are used in commodities such as "glasses", which is easy to cause confusion and misunderstanding among consumers. The objected trademark is a malicious imitation of the opponent's trademark, which violates the principle of good faith and will seriously infringe on the legitimate interests of the opponent.
according to the facts and reasons stated by the parties, our bureau believes that:
the objected trademark "GUCHINI" is designated for use on the ninth category of "glasses" and other commodities. The dissident trademark "GUCCI" has been registered in the ninth category of "glasses" and other commodities. The objected trademark consists of seven letters, and the dissident trademark consists of five letters. The two trademarks are significantly different in letter composition, calling and overall appearance, and are not similar trademarks. Although they are all used on commodities such as "glasses", they do not constitute approximate trademarks used on the same similar commodities. The objector also claimed that the objected trademark was a malicious imitation of its trademark, but did not provide any evidence to prove it. Therefore, our bureau does not support this objection.
according to the provisions of article 33 of the trademark law of the people's Republic of China, our bureau ruled that the objection raised by the dissenter was untenable, and the trademark No.1752695 "GUCHINI" was approved for registration.
according to article 33 of the trademark law of the people's Republic of China, if a party refuses to accept this ruling, it may apply to the trademark review and adjudication board for a review within 15 days from the date of receiving this ruling.
June 5, 26