Trademark Opposition for "DENIM STUDIO"

2025-11-19

Shenzhen ZYIP Patent and Trademark Agency was entrusted by S.A.C.I. Falabeia Company (hereinafter referred to as the "Opposer") to raise an objection to the trademark "DENIM STUDIO" No. 10138973, which was preliminarily examined and published in the 1340th "Trademark Announcement" by the Trademark Office of the State Administration for Industry and Commerce, and was owned by Song Jingji (hereinafter referred to as the "Disputed Party"). 


The grounds for the objection: "DENIMLAB" is an original trademark of the objecting party and has been successfully registered in category 25. The respondent has maliciously copied the original trademark of the objecting party and changed the suffix to form the disputed trademark. The disputed trademark is a 11-letter combination of two English words "denim" and "studio". The objecting trademark is an 8-letter combination of "denim" and "lab" without any meaning. Thus, the initial parts of the two trademarks consist of exactly the same word "denim". As an ordinary Chinese consumer whose native language is Chinese, their ability to distinguish and recognize English is far less than their ability to recognize Chinese. When ordinary consumers see a string of English letter combinations for a trademark, and the initial part is exactly the same, they will instinctively recognize it as the same or similar trademarks without paying special attention to the differences in the suffix. The criterion for judging trademark similarity is to distinguish it with the general attention of ordinary consumers, rather than requiring special attention. Therefore, the disputed trademark is likely to cause confusion among consumers in appearance and cannot achieve the purpose of distinguishing products. Moreover, the respondent's behavior violates the principle of good faith and honesty, replicating and imitating the trademark that the objecting party has been widely known to the public in a very obvious way, seriously infringing upon the objecting party's legitimate prior rights. 


The Trademark Office finally accepted our opinion. According to Article 30 and Article 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 "DENIM STUDIO" number 6548314, which is designated for "shoes", will not be approved for registration.
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