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Colgate-Palmolive technology name in applying for trademark registration as the final was split, Jiangmen, trademark registration

  known as teeth cleaning products manufacturers, Colgate-Palmolive company pioneered the development of "Pro-Argin" tooth sensitive skin effect has been as sensitive formula toothpaste on the market. For better branding effect, Colgate-Palmolive Company apply the technical name "Pro-Argin" (hereinafter referred to as the trademark) registered as trademarks. However, Beijing high people's Court (hereinafter referred to as the Beijing High Court) recently made the final judgment that Colgate-Palmolive Company, but this fell through, the trademark was registered with the prior approval of the "proArgig" trademark SIMILAR MARK on similar goods are rejected.
it is understood that No. 5668011, "proArgig" trademark registration in 2010, was approved for use in 5th class of medical nutrition food, nutritional, and other commodities. "Pro-Argin" is a technical way to mitigate dentine hypersensitivity, Colgate-Palmolive Company "Pro-Argin" r a Colgate-activity sensitive toothpaste on the market. In December 2008, the Colgate-Palmolive Company apply to applications for registration of trademarks, specifies the use of the 5th class on medical goods such as toothpaste, mouthwash, was rejected. After the trademark review and adjudication Board (hereinafter referred to as trab) review, the Beijing Municipal first intermediate people's Court of first instance, rejected its registration decisions were maintained, Colgate-Palmolive filed appeal to the Beijing high people's Court.
Colgate-Palmolive Company claims the trademark as the Colgate-Palmolive Company one of the major brands in the world, has been registered in many countries and regions around the world a wide range and promotion, through actual operation and usage, brand has been recognized by the consumer, has a higher significant characteristics. The trademark coincide with the reference mark on the letter, but in the overall sense, Visual effects, including differences in both pronunciation and meaning, and does not cause consumer confusion about misidentification.
it is understood that the trademark can be registered in the case lies with the reference mark "proArgig" approximation of the judgment. Beijing High Court that the trademark with the reference mark on the main identify parts of the letters of the alphabet are basically the same, there is no significant difference between the two. As the same trademarks composed of basic letters of the alphabet, call it public, according to English pronunciation for pronunciation, because both are not inherent in the English words and letters are arranged in the same order, cause pronunciation difference is not significant. Application specifies the use of a trademark medical toothpaste, mouthwash, dental teeth with the reference mark to approve the use of material goods, such as similar goods, which finds that the application is trademark and reference mark constitute a SIMILAR MARK on similar goods.
at the same time, the Court held that "Pro-Argin" itself as a sensitive technology names and its problems as a trademark application are very different in nature. "Pro-Argin" technological breakthrough does not necessarily ensure its trademarks with high visibility. Over the years, in mainland China, prominent use of Colgate-Palmolive Company is "Colgate" or "Colgate" mark is not a trademark, and therefore cannot be deemed "Pro-Argin" as a trademark has acquired a more significant features. Eventually Beijing high people's Court upheld a trial court decision, dismissed the appeal of the Colgate-Palmolive Company.