Successfully prevented the registration of maliciously similar trademarks, safeguarding the client's core brand

2025-11-19

I. Case Introduction
A certain business entity registered a disputed trademark that was highly similar to the client's well-known trademark in an associated category where the client had not conducted defense registration. The intention was to gain reputation by association. Facing the维权困境 where the direct application of Article 30 of the Trademark Law was impossible， ZYIP innovated its维权strategy. By constructing a complete chain of evidence of malicious intent and a three-dimensional confusion argument system， it successfully opposed the disputed trademark. This not only maintained the brand purity of the client but also provided a breakthrough solution for similar malicious registration cases in associated categories.

II. Case Details
1. Customer Type/Industry
Brands with well-known trademarks are at risk of malicious trademark registration in related categories.

2. Customer Pain Points/Problem Description
(1) Defensive registration gap: In the relevant categories of the disputed trademark registration, the customer did not conduct defensive registration.
(2) Lack of direct legal basis: It is impossible to directly invoke Article 30 of the Trademark Law regarding identical or similar trademarks to initiate the opposition procedure.
(3) Complex维权evidence： It is necessary to prove malicious registration and the possibility of confusion， and the difficulty of evidence collection and the construction of the argumentation system is significant.

3. Solutions and Processes
(1) Construction of a Closed Loop for Evidence of Malicious Registration:
① Identification of Competitive Relationships: Thoroughly explore the substantive competitive intersections between the respondent and the client in areas such as sales channels, target customer groups, and marketing methods.
② Empirical Evidence of Subjective Malice: Systematically review the trademark registration history of the respondent to reveal its "trademark hoarding" behavior pattern; extract direct evidence from its marketing materials that deliberately imitates the style of the client's trademark.
③ Proof of Brand Cloning: Through third-party evidence such as consumer perception surveys and industry media reports, quantify the market influence of the client's trademark.
(2) Three-Dimensional Demonstration of Confusion Risk:
① Utilize the "three-dimensional comparison method" of sound, form, and meaning to strengthen the determination of trademark similarity.
② Combine industry classification standards, overlap degree of sales channels, and other elements to construct a proof system for the correlation of goods/services.
③ Present actual cases of confusion and possibilities through consumer questionnaires and data from e-commerce platforms.

4. Outcomes/Results
(1) Successful Opposition: The disputed trademark was successfully opposed and was not approved for registration.
(2) Strategic Breakthrough: In cases where the application of Article 30 was not feasible, the维权 goal was achieved through the combined application of other provisions of the Trademark Law (such as Article 32， Article 44， etc.).
(3) Benchmark Effect： The "construction of malicious evidence chain + three-dimensional demonstration of confusion risks" strategy system formed in this case has become a model for handling similar cases of malicious trademark registration in related categories.

III. Case Significance
This case goes beyond the traditional single维权path that relies on similar products and trademark similarity. It demonstrates the professional ability to achieve a breakthrough in rights protection through the reconstruction of the evidence system in complex legal predicaments. ZYIP, through this case practice, not only resolved the crisis of brand dilution for the client, but also enriched the legal arsenal for combating malicious registration， providing replicable successful experience for enterprises to protect well-known trademarks on non-similar products， and has positive practical significance for promoting the refinement of the criteria for identifying malicious trademark registration.

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