商标驳回复审申请书范文理由
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商标驳回复审申请书范文理由
英文回答:
Request for Reexamination of Trademark Rejection.
Reasons:
1. Applicant's mark does not infringe the cited mark.
The applicant's mark is clearly distinguishable from the
cited mark in terms of its overall appearance, sound, and
meaning. The cited mark consists of the word "Apple" in a
stylized font, while the applicant's mark consists of the
word "Orange" in a different font and with a different
design element. While the two marks share the common
element of being fruit names, this is not enough to
establish a likelihood of confusion. Consumers are unlikely
to mistake the applicant's mark for the cited mark, as they
are sufficiently different in their overall presentation.
2. The cited mark is not distinctive and has not acquired secondary meaning. The cited mark is a common word
that is used in a variety of unrelated contexts. As such,
it is not inherently distinctive and has not acquired
secondary meaning in relation to the goods and services for
which the applicant is seeking to register its mark. The
fact that the cited mark has been registered for other
goods and services does not make it distinctive for the
goods and services that the applicant is seeking to
register.
3. The applicant's mark is not likely to cause
confusion with the cited mark. As discussed above, the
applicant's mark is clearly distinguishable from the cited
mark. Furthermore, the goods and services for which the
applicant is seeking to register its mark are different
from the goods and services for which the cited mark is
registered. This further reduces the likelihood of
confusion between the two marks.
中文回答:
商標駁回再審申請書。
理由:
1. 申請人的商標不侵犯引證商標。申請人的商標在整體外觀、聲音和含義上與引證商標明顯可區分。引證商標由以特殊字體書寫的詞語“Apple”組成,而申請人的商標由以不同字體書寫的詞語“Orange”組成,並具有不同的設計元素。儘管這兩個商標具有水果名稱的共同元素,但這並不足以構成混淆的可能性。消費者不太可能將申請人的商標誤認為引證商標,因為它們在整體呈現上足夠不同。
2. 引證商標不具有顯著性,且未獲得次要意義。引證商標是一個在各種不相關背景下使用的常見詞語。因此,其本身並不具有顯著性,並且與申請人尋求註冊其商標的商品和服務之間未獲得次要意義。引證商標已註冊為其他商品和服務的事實並不能使其對於申請人尋求註冊的商品和服務具有顯著性。
3. 申請人的商標不太可能與引證商標造成混淆。如上所述,申請人的商標與引證商標明顯可區分。此外,申請人尋求註冊其商標的商品和服務與引證商標註冊的商品和服務不同。這進一步降低了這兩個商標之間混淆的可能性。