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Review Decision about Trademark No. 18162384“GOOSE HONKERS ALE”for Rejection



Agent: Huojinluwei (Shanghai) IP Agent Ltd

The applicant applied for trademark review to the TRAB on account of disagree with the rejection on trademark “GOOSE HONKERS ALE” (No. 18162384) made by CTMO (China Trademark Office).

Applicant’s grounds for review: “ALE”is not the main part of the mark, and consumer would not misunderstanding, thus the registry of the mark not violate the relative provision in Trademark Law. There are some marks which have similar situation with applying mark have been approved to register. Through extensive publicity and sales in the world, applicant and trademark have enjoyed high visibility on beer and other commodities. Applicant had register the “GOOSE”series mark in class 32 in all around the world. In summary, applicant request applying mark could be preliminary approved.

Applicant provide following evidence: Screenshot of official cite, news report on “Goose Island”on ifooday website.

We think that, “ale”refers to “ale beer”, it’s easily to cause misunderstanding when it is used on soda, soft drinks, etc. This is certainly conform to the provision of Article 10 section 7 of Trademark Law. Other marks’ register situation can’t be the reasonable ground.

According to Article 1 section 7, 30 and 34, of China Trademark Law, we decide:

The register application would be rejected on all goods.

If applicant dissatisfy with the decision, he could sue to Peking IP court within 30 days from receipt of it, simultaneously submit appeal to the court or by no later than 15 days to deliberate the copy, or otherwise notify us in writing form.


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