Shenzhen Zhongyi Patent and Trademark Office was entrusted by S.A.C.I. Falabella Company (the objector) to preliminarily examine Song Jingji (the objected) by the Trademark Office of the State Administration for Industry and Commerce and published in Issue 1340 " The trademark "DENIM STUDIO" No. 10138973 on the Trademark Gazette was opposed.

Reasons for Objection: The trademark "DENIMLAB" is the original trademark of the opponent and has been successfully registered in Class 25. The objected is maliciously plagiarizing the original trademark of the opponent, and the suffix is changed to form the opposed trademark. The opposed trademark consists of two English words "denim" and "studio". The opposition trademark consists of "denim" and "lab", a trademark that has no meaning in the 8-letter combination. It can be seen that the first part of the two trademarks consists of the same word "denim".

As an ordinary Chinese consumer whose native language is Chinese, the ability to distinguish and recognize English is far less than that of Chinese. Ordinary consumers see such a series of trademarks with a combination of English letters, and their primary parts are exactly the same, consumers will perceptually recognize the same or similar trademarks, and will not pay special attention to distinguish them. What is the difference between suffixes. The standard for judging the similarity of trademarks is to distinguish between ordinary consumers and ordinary consumers, rather than requiring special attention to distinguish. Therefore, the appearance of the opposed trademark and the opposed trademark is likely to cause confusion among consumers and cannot achieve the purpose of distinguishing products. Moreover, the opponent's behavior violated the principle of good faith and copied and imitated the opponent's well-known trademark in a very obvious way, which seriously violated the opponent's lawful prior rights.

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. 6548314 "DENIM STUDIO" was designated Merchandise under "shoes" is not approved for registration.