Natural Approximation Is Not Natural.

The applicant natural limited company applies the "natural" trademark registration application to the Trademark Office on the forty-second category of photographic service items. The Trademark Office rejects the "trademark" with the "natural trademark" registered in the similar service project of Hefei natural printing and photographic equipment company of Anhui province. The applicant refuses to accept the application for reexamination to the Trademark Review and Adjudication Board of the State Administration for Industry and commerce.

The case has been concluded recently.

The main reason for applying for reexamination is that the applicant was established and registered in Hongkong in February 21, 1963. "Natural" is the Chinese name of the firm. Since the establishment of the company, the applicant has used the "natural" trademark and has been in use so far.

After years of operation, it has gained a high reputation.

The application and registration of the applicant's "natural" trademark in "photographic services" or related "photographic printing" are obviously prior to the use of the trademark and have the prior right to use the trademark.

Although the principle of prior application is adopted in China, the applicant's trademark has been used for many years, especially in its peers. In accordance with the spirit of the Paris convention, the protection of well-known trademarks should be protected and registered in China.

The Trademark Review and Adjudication Board of the company thinks that the "natural" trademark that the applicant applies for registration, and the "natural tianRan and map" trademark designated service items previously applied for and registered, are "photography service" and "photography", which belong to similar service items. Moreover, the main recognition part of the two trademark, that is, the Chinese part is "natural", with the same pronunciation and meaning, and constitutes an approximate trademark.

In view of the fact that the quoted trademark is still an effective registered trademark, the application trademark and the citation trademark have constituted similar trademarks used on similar service items, and the reasons for the applicant's reexamination are not valid.

Wei