Our company acted for Harbin Pharmaceutical Holding Co., Ltd 6th Pharmaceutical Factory for the opposition against the trademark “严迪“ (yan di in Chinese) with No. 29468760, recently, China National Intellectual Property Administration decided that, the opposed trademark “严迪“ (yan di in Chinese) has the identical characters with the opponent’s cited prior trademark, there is some correlation among the designated goods, thus, it posed copy, imitation to the opponent’s trademark, furthermore, easily mislead the quality and features among the public, as a result, the opposed trademark is refused for the registration.

China National Intellectual Property Administration considered: 

The opposed trademark “严迪” (yan di in Chinese) is completely identical with the opponent’s originally created “严迪” (yan di in Chinese), the designated goods are “rice wine; spirit”, however, the opponent’s cited prior trademark“严迪” (yan di in Chinese) with Reg. No. 1524543, No.1370295 and No.1957938 that are approved on goods in Class 5 “Chinese patent medicine”, “non-medical nutrition liquid”, there is some correlation between designated and approved goods, thus, the opposed trademark posed copy and imitation to the opponent’s trademark, easily caused confusion among the public.

Typical Meaning: 

China National Intellectual Property Administration made decision based on Article 11-1-7 of Chinese Trademark Law, marks are deceptive, easily mislead the public, should not be registered.

In this case, the opponent’s cited prior trademark“严迪” (yan di in Chinese) is pure plain text trademark, the text itself serves as the prominent of the trademark, however, the opposed trademark 严迪” (yan di in Chinese) is completely identical with the cited trademark, as you can image, the coexistence must easily confuse the public.

We held opinion that, the opponent enjoys legal trademark right on the goods “Chinese patent medicine”, “non-medical nutrition liquid”, there is no question about that. As the main body of the application, the opposed party did not design and operate the original trademark, but, copied and imitated the trademark “严迪” (yan di in Chinese) on wines, this behavior shall be prohibited.

Hence, this case alarms some enterprises or individuals, “严迪“（yan di in Chinese） is not just something you want to use, the trademark should not be used through simple imitation. Legal and effective ways will be the long-term solution to gain the trademark right.