China Trademark Database Help

Examination on identical or similar trademarks

Article 28 of China's Trademark Law Where the trademark for which registration has been applied for is not in conformity with the relevant provisions of this Law, or where it is identical with or similar to the trademark of another person which, in respect of the same or similar goods, has been registered or, after examination, preliminary approved, the Trademark Office shall refuse the application and shall not publish (the said trademark).

Article 29 of China's Trademark Law Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval, after examination, and the publication shall be made for the trademark which was first filed. Where applications are filed on the same day, the preliminary approval, after examination, and the publication shall be made for the trademark which was the earliest used, and the applications of the others shall be refused and (their trademarks) shall not be published.

Whether the trademark applied for being published or refused depends on whether it is identical with or similar to the trademark of another person who enjoys prioriy in respect of the same or similar goods, as well as on judging identicalness or similarity from the respect of the overall structure, pronunciation and meaning.

During the process of trademark examination, the bureau will make judgements and decisions on "same goods/service"(e.g. apparel and jacket are the same goods), "similar goods/service"(e.g. jacket and coat are similar goods), "same trademark", "similar trademark" according to the actual situation of the function, usage, material, sales network and consumer object etc of the trademark/service.

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Deciding of identical trademark LAWPANWLLAWPANWLLAWPANWLLAWPANWL

Identical trademark refers to the trademarks of which the words, figure or their combinations has no diference in view or the difference is minute. LAWPANWLLAWPANWLLAWPANWLLAWPANWL

■ Identicalness of verbal trademarkLAWPANWLLAWPANWLLAWPANWLLAWPANWL

Identicalness of verbal trademark means that in the same language, the verbal elements, pronunciation and meaning of the trademarks are the same.

■ Identicalness of figurative trademarkL

Identicalness of figurative trademark means that the figures forming the trademark have no difference in view or the difference is minute.

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■ Identicalness of combination trademarks LAWPANWLLAWPANWLLAWPANWLLAWPANWL

Identicalness of combination trademarks means that the verbal elements, figures and their combinations that forms the trademark have no difference in view or the difference is minute.

Deciding of similar trademarks86tm.com商标大世界

Similar trademarks means that the verbal elements, figures and their combinations which forms the trademark have certain degree of difference in pronunciation, meaning or overall structure, but are difficult to be distinguished and easy to be mistaken by consumers.

■ Similarity of verbal trademarksLAWPANWLLAWPANWLLAWPANWLLAWPANWL

Verbally similar trademarks refers to the trademarks which are the same or similar in pronuncation, fonts, meaning and arraying, easy to be mistaken.

● When using the same kind of language, trademarks with verbal elements of the same pronunciation and meaning but different element form, are usually decided as similar trademarks.

● Trademarks with identical pronunciation and similar form and different but meaningless verbal elements which are easily mistaken by consumers are usually decided as similar trademarks.86tm.com商标大世界

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But if the verbal elements of the trademarks are totally different in form and meaning, and consumers will not mistake intuitively, the trademarks will not be decided as similar trademarks. 86tm.com商标大世界

e.g.

If the verbal elements of the trademarks using the same language are same in meaning and refer to the same object, but are different in pronunciation and form, and there is great difference in overall structure, they will not be decided as similar trademarks usually. eg.

● Trademarks formed by words with the same form but different meaning and pronunciation, are decided as similar trademarks usually.

● If the Chinese characters have been registered or applied for first and others use the pinyin to apply for registration, the trademark will be decided as similar.

But if Pinyin has been registered or applied for first, it cannot prevent the Chinese character to be registered, only the Chinese character trademark cannot use its Pinyin.

Not including Pinyin with priority and particular meaning.86tm.com商标大世界

● If the verbal elements of the trademark carry the same meaning, and merely numerals, adjectives and adverbs are added before or in the middle of a trademark while essential meaning has not been changed, they are decided as similar trademarks generally.

But if other words are added before or after the verbal elements of a trademark and meaning changed and there does exist the referred objects, it will not be decided as a similar trademark.

● For trademarks formed by Chinese characters, if the verbal elements and number of characters are the same, only the order of the characters changed while the meaning not changed or no specific meaning, they are decided as similar trademarks generally.86tm.com商标大世界

But if after reversing the verbal elements, a trademark has a totally different meaning, or pinyin is added or arrange the elements vertically, not sufficiently to cause mistaking, the trademarks will not be decided as similar.

● Trademarks formed by more than 3 words, without definite meaning and with same order, or althougn the order is different but the pronunciation and shape are similar, are decided as similar trademarks.

● If the meaning of a Chinese word and a foreign language word's usual meaning are the same, they are generally decided as similar trademarks.

● For meaningless trademarks formed by foreign language letters, if some of the letters as well as the order of the letters are the same or although the order is diferent but the pronunciation and word shape are similar, easily to cause mistaking, they are decided as similar trademarks.

But for foreign language trademarks with definite meaning, even if some of the words and their order are the same but the pronunciation is different, not sufficiently for the consumers to mistake, they will not be decided as similar trademarks.

● If the shape of the verbal elements is similar, easily to be mistaken, they are decided as similar trademarks generally.

● For trademarks formed by numerals, if some of the numerals as well as the order are the same, easily to bring about mistaking, they are decided as similar trademarks.LAWPANELLAWPANEL

707 and 701 、709 ；868 and 869

● If the verbal elements which form the numeral trademarks are different, the meaning of the numerals are the same, they are decided as similar trademarks.

■ Similarity of figurative trademarks

Similar figurative trademarks refer to the trademarks with the same overall structure and similar appearance and easily to be mistaken.

■ Similarity of combination trademarks

Similar combination trademarks refer to the trademarks with same or similar verbal or figurative elements or similar overall structure, easily to be mistaken by consumers.LAWPANELLAWPANEL

● If the verbal elements which form the trademarks are the same, although the writing method or the figure which combines the verbal elements has major difference, they will still be considered as similar trademarks.LAWPANELLAWPANEL