Guangzhou Pharmaceutical Group Company filed an opposition application against the “Wangtaiji” trademark of the opposed party XX Company that has been initially affirmed by the Trademark Office. The Trademark Office ruled after trailing that the opposed trademark shall not be approved for registration.
The Trademark Office considered that:
The opposed trademark “Wangtaij” was designated to be used on type 30 “edible starch, salt, vinegar, seasonings, baking powder, edible aromatic and meat tenderizer”. The opposing party cited its priorly registered no. 3980710, no. 1157610 and no. 9277162 “Wanglaoji and Picture” trademarks, which were designated to be used on type 30 “chocolate beverage with milk, tea and starch-containing food”. The opposed trademark was designated on products that had similar functions and usages as the cited trademark’s designated products of the opposing party. These products constituted similar products.
The Trademark Office made the following decision:
Based on the regulation in article 30 and 35 of the Trademark Law, the “Wangtaiji” trademark shall not be approved for registration.
According to the Trademark Office’s decision, trademarks of Chinese characters, which are different only in terms of some characters, have no meanings or have meanings without significant difference, and may easily cause confusion about the sources of the products of the services among the relevant public, shall be ruled as similar trademarks. On the basis of judgment criteria of similar trademarks, the decision not only considered the composition of the opposed trademark and the cited trademarks, but also distinguished between the significant and non-significant distinguishing element of the opposed trademark. The Office made the fair and appropriate decision based the comparison of the significant components.
The team of Beijing Janlea Trademark Agency, led by Cheng Hongtao, provided the legal service for Guangzhou Pharmaceutical Group Company in this opposition application.