Sanyou’s client: Anker Innovation Technology Co., Ltd.

Hearing authority: The CNIPA

Trial result: The applied trademark registration on the goods in the review procedure has been preliminarily approved.

Introduction to the applied trademark: Soundcore Glow

 (Soundcore) is an audio brand under Anker Innovation (Anker), and the trademark "Soundcore Glow" applied for in this case is a sub-brand of the applicant's  portable wireless Bluetooth speaker product line.

Background introduction

For brand protection, Anker has applied to register the disputed trademark "Soundcore Glow" on goods of Class 9. According to the judgment of the CNIPA and the provisions of Paragraph 1 (2) of Article 11 of the Trademark Law, the registration application of Anker was rejected. The reason for rejection is that the logo used on the designated goods directly represents the functions and characteristics of the goods, and therefore cannot be registered as a trademark.

Dissatisfied with the ground for rejection, Anker entrusted Sanyou trademark attorney to apply for Review of rejection to the CNIPA.

Legal terms

Paragraph 1(2), Article 11 of the Trademark Law stipulates that signs that directly indicate the quality, main raw materials, function, purpose, weight, quantity, and other characteristics of goods shall not be registered as trademarks.

Defense approach

The core of the defense in the review of rejection procedure for the applied trademark lies in arguing that the applied trademark does not "only" and "directly" represent the characteristics of goods or services. 'Only' and 'directly' are two applicable elements of this clause. There is a progressive relation between the two.

First, "only" serves as a prerequisite, requiring the application for a trademark to describe the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the designated goods or services as a whole, or to include other constituent elements that do not have significant features.

Second, 'directly' requires that the overall description of the characteristics of goods or services of the trademark is not implicit or suggestive, but rather directly expresses the attributes of the goods or services.

In addition, the judgment of "only" and "directly" also needs to take into account factors such as the goods or services designated by the trademark, and the cognitive habits of the relevant public.

In this case, the main evidence presented by the trademark attorney of Sanyou in the review is that the applied trademark "Soundcore Glow" is a fabricated word coined by the applicant, which does not directly explain or describe the functions and characteristics of the designated goods, and has strong distinctiveness. Especially, the first half of "Soundcore", as the core brand under the applicant, has gained high popularity and reputation through long-term extensive promotion and use by the applicant. At the same time, similar cases are cited. Based on the principle of consistency in examination standards, Sanyou attorney requests that the applied trademark should be preliminarily approved. The CNIPA finally granted Sanyou’s request.

Typical significance

The application for a trademark must meet both the "only" and "directly" requirements, that is, a non-suggestive description of the characteristics of the designated goods or services as a whole. It cannot be mechanically determined that the trademark lacks distinctiveness just because it contains some directly descriptive elements, otherwise it will harm the applicant's reasonable expectations and legitimate rights and interests.

The trial and victory of this case have certain reference value for the defense of a trademark's distinctiveness in the review of rejection of trademark application in accordance with Paragraph 1(2), Article 11 of the Trademark Law.

In April 2024, after on-site evaluation by a third-party certification institution organized by the China Trademark Association and expert review meeting, Anker's trademark  met the group standard of the "Well-known Trademark/Brand Evaluation Specification" (T/CNTA 002-2022) and was recognized as a "AAA Well-known Trademark Brand". And it also received the "AAA Well-known Trademark Brand" plaque during the China Brand Day (Shanghai) event in May of the same year.