"Good Di" trademark objection

Background of the case
Guangzhou good Di Cosmetics Factory (hereinafter referred to as the opponent) for Beijing Zhongbei Trademark Patent Office Co., Ltd. acting Kunming Hailong Wang Pump Electrical Appliance Co., LTD. (formerly Kunming Hailong Wang Industry and Trade Co., LTD.) (hereinafter referred to as the opponent) by the Trademark Office preliminary examination and published in the 772 "Trademark Announcement" No. 1574084 "Good Di" trademark entrusted to Beijing Jijia patent provider The agency of the standard office raises objections, and our bureau shall accept them in accordance with Article 30 of the Trademark Law of the People's Republic of China. The opponent (Kunming Hailong Wang Pump Electric Appliance Co., LTD.) has made a defense within the prescribed time limit.

The objector's grounds of objection
The opposed trademark and the trademark cited by the opponent belong to similar trademarks; The trademark cited by the opponent is a well-known trademark, which enjoys high visibility and credibility in the national market. The application for registration of the "Haodi" trademark by the opponent is completely a copy and imitation of the trademark well known to the public by the opponent. The trademark cited by the opposing party is a well-known enterprise name created by the opposing party and used for a long time, and the opposing party enjoys the prior right. If the opposed trademark is approved for registration, it will not only fail to achieve the role that the registered trademark should play in distinguishing the source of goods and improving the quality of goods, but also make the value of the intangible assets of the objectors have the danger of being destroyed, disturb the normal market order, damage the interests of consumers, and more importantly, further aggravate the unfair market competition environment.

Reason for the respondent's reply
The opponent's trademark and the opponent's cited trademark are not trademarks used in the same class of goods, and the opponent's trademark and the cited trademark are neither similar nor copied or imitated. It is lawful for the person against whom the opposition applies to register the trademark against which the opposition is opposed.

Ruling of trademark office
The objection raised by the objector is established, and No. 1574084 "Good Di" trademark is not approved for registration.

Case analysis
The objectionable trademark "Haodi" is designated as "agricultural machinery, drainage machine, agricultural drainage and irrigation machine". The opponent guided the trademark "Haodi" and approved the use of products such as "facial cleanser, detergent, cleaning preparation". Although the two trademarks designated by the use of goods are different, belong to non-similar goods, but the opposition trademark and the opponent cited trademarks not only use the same text, and the font of the text is also the same. In view of the strong originality of the special character design of the trademark cited by the opponent, the character of the trademark has been propagandised and used by the opponent, and the opponent has registered and used the character with exactly the same shape as the trademark cited by the opponent as its own trademark, which has adverse social impact.