As analyzed in the comparison table, it shows that the applied mark is very different from the cited mark not only each aspect on the view of device, beginning word and conceptual meaning but on the view of look of appearance, visual memory and especially in overall impression as a whole. secondly, the applicant of applied subject mark would like to bring the attention that the similarity at the beginning is very important to cause the similarity. In the view of the beginning, as seen from criteria (3) in the above table, it is obvious that the beginning element of the two marks is very different.thirdly, due to the difference at beginning, as seen from criteria (5) & (6) in the above table, it is clearly that the whole appearance and visual memory of two marks are very different.[sub-conclusion 2]To sum up, as compared by the criteria (1), (2), (3), (4), (5) and (6) above, it is strongly noted that the applied mark and the cited mark are very different in all aspects and especially the difference in comparison as a whole.2. there is no likelihood of confusion between registered mark and cited mark(i) theoreticallyNormally, the average consumers, when observing or buying goods, their first impression is derived from the overall impression of the mark on the product which they intend to buy, they are not aware or has to be under any obligation of awareness on how many distinctive elements present in such marks and which needs to be considered are there. In this content, as indicated and analyzed above on obvious differences from the whole to the structure and shape of device and real perception of the consumers, it is confirmed that the impossibility of causing confusion or relation to consumers when using as well as purchasing the goods bearing the applied mark and cited mark. (ii) practically In practice, due to the distinction in the literal meaning, look of appearance, visual memory and especially the overall impression as the whole as indicated section [1] above, there is no existence of likelihood of confusion between the registered mark and the cited mark. The following facts has improves for this truths.firstly, the Cambodian Trademark Office itself did examine the full similarity of the applied subject mark when conducting the search for this applied subject mark and the trademark examiner did not view that the applied subject mark is similar to the cited mark. That was why the official search result did not locate the cited mark “KING’S CHOICE” as a similar mark to the applied subject mark “GOLD CHOICE & Device”. This is to prove a true fact that the likelihood of confusion does not happen at the first impression and the examination of trademark examiners has tested for this argument. As a proof of this argument, we enclose herewith a copy of Search Report No. 1293/12 III/R/DIPR of Cambodian Trademark Office dated November 22, 2012 for the Registry’s review.[exhibit 2]secondly, not only do the Cambodia trademark examiner at the search stage have an examination on non-similarity between the applied subject mark and the cited mark, but the United States of Patent & Trademark Office (USPTO), a internationally- recognized reputable examination office has had the view on dissimilarity between two marks by a fact that these two marks have been co-existed in the United States. To support this argument, please find enclosed a printout of these two trademark registrations in co-existence in United States.[exhibit 3] [sub-conclusion 3]The likelihood of confusion between the cited mark and the applied subject mark is excluded from the consumer’s awareness in the view of both theory and practical aspects.
3. the applied subject mark “Gold Choice” has been registered widely over the world
The true fact is that the applied subject mark “Gold Choice & Device” has been registered over the world without any challenges from the cited mark “KING”S CHOICE”. The proof of which is that it has been granted the trademark certificates in various countries over the world, including but not limited, the registrations in United States of America in 2011, Singapore in 2009, United Arab Emirates in 2008, Iran in 2008, Korea in 2008, Canada in 2009, Japan in 2006 and Singapore in 2009. The copies of the registration certificates of the applied subject mark in these countries are attached for the Registry’s perusal.
[exhibit 4]
[sub-conclusion 4]
Thanks to the successful registration and protection without challenge in the said countries, the applied subject mark has come to the consumer’s profound perception of appearance of the applied subject mark from which it helps to enhance the awareness of the average consumers in distinction from the cited mark. As a result, the applied subject mark is quite different from the cited mark.
[III] conclusion
Upon the sub-conclusions from [1] to [4], the applied subject trademark is distinct from the cited mark in the view of look of appearance, structure including the different begging word and device, visual memory, overall impression and especially literal and conceptual meaning, and therefore, it does exclude the likelihood of confusion between the registered mark and the cited mark to the consumers. Accordingly, the citation of the cited mark as a bar to prevent the above applied subject mark from registration according to Article 4 (e, f, g) of TM Law is not adequate, and therefore, the preliminarily Notice of Refusal No. 557/13 II/R/IPD, signed on March 19, 2013 should be withdrawn. Otherwise, the applied subject mark for “Gold Choice & device” under application No. 49618/12 does meet the criteria of protection under Article 2 and Article 4 of the Cambodian Trademark Law.
[IV] claim
Based on the above-demonstrated evidences and arguments, we respectfully request the Cambodia Trademark Office to consider and grant the registration for the above applied subject mark.
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