Shenzhen Zhongyi Patent and Trademark Office was entrusted by S.A.C.I. Falabella Company (hereinafter referred to as the objector) to conduct preliminary examination and approval of Yanshan Fangyuan Trading Co., Ltd. (hereinafter referred to as the objected party) by the Trademark Office of the State Administration for Industry and Commerce. Opposition was filed against the trademark "MICAI" No. 9416595 published in the No. 1333 "Trademark Bulletin".
Reasons for objection by the opponent: "MICA" is the trademark originally created and used by the opponent and has distinctive features. After years of operation and publicity by the opponent, the "MICA" trademark has a high reputation in China and has an inseparable connection with the opponent. The opposed trademark "MICAI" is highly similar to the opponent's trademark "MICA" in letter composition, and there is only one letter difference. The goods used in the trademark "MICAI" and the goods used in the opponent's trademark "furniture" belong to similar goods. The use of the opposed trademark is bound to create confusion among consumers. Moreover, the conduct of the objected person violated the principle of good faith, and copied and imitated the trademark of the objector that was well known to the public in a very obvious way, which seriously violated the legal prior rights of the objector.
The Trademark Office finally accepted our opinion. According to the provisions of Articles 30 and 35 of the Trademark Law of the People's Republic of China, the Trademark Office ruled that the reasons for the objection raised by the opponent were established, and the trademark No. 9416595 "MICAI" was designated in "Stools (furniture), office furniture, desks, beds, sofas, coffee tables, furniture doors" are not approved for registration.