MICAI" Trademark Dispute

2025-11-19

Shenzhen ZYIP Patent and Trademark Agency was entrusted by S.A.C.I. Falabeya Company (hereinafter referred to as the "Opposer") to raise an objection to the trademark "MICAI" No. 9416595, which was preliminarily examined and published in the 1333th "Trademark Announcement" by the Trademark Office of the State Administration for Industry and Commerce, and was owned by Yanfang Trading Co., Ltd. (hereinafter referred to as the "Respondent"). 


The grounds for the objection: "MICA" is a trademark independently created and first used by the objectionor, with distinctive features. After years of operation and promotion by the objectionor, the "MICA" trademark has gained high recognition within China and has become inseparably associated with the objectionor. The objected-to trademark "MICAI" is highly similar to the objectionor's trademark "MICA" in terms of letter composition, differing by only one letter. The goods it uses, such as "wicker products", are similar to the goods used by the objectionor, such as "furniture". The use of the objected-to trademark will inevitably cause confusion among consumers. Moreover, the actions of the objected party violate the principle of good faith and honesty, copying and imitating the well-known trademark of the objectionor in a very obvious way, seriously infringing upon the legitimate prior rights of the objectionor. 


The Trademark Office finally accepted our opinion. According to Articles 30 and 35 of the "Trademark Law of the People's Republic of China", the Trademark Office ruled: The reasons raised by the opponent were valid. The trademark "MICAI" registered under No. 9416595 shall not be approved for registration for the goods of "chairs (furniture), office furniture, tables, beds, sofas, coffee tables, furniture doors".
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