[Case Summary]

Caina Funo Company is a multinational flooring enterprise, with its "Lemai" brand originating in Europe and enjoying global popularity, having a high level of recognition and influence in the industry.

After monitoring, our company found that a company in Changzhou has applied for registration of the "Lemaisen" trademark on Class 19 "wooden flooring" and other goods. The trademark was applied for registration on August 26, 2022. We believe that the combination of words and meanings of the "Lemaisen" and "Lemai" trademarks are quite similar. If used on 19 class of goods such as wooden flooring, it is highly likely to cause confusion or misidentification among consumers regarding the source of the products. Caina Funo Company subsequently entrusted our company to file an opposition application against the trademark.

[Result of Trial]

The case has now been concluded, and the result is as follows: the trademark "Lemaisen" is not registered on core products such as "wooden flooring", and is only allowed to be registered on "gypsum board".

After examination, the Trademark Office believes that some of the goods designated for use by the opposed trademark are similar in function, purpose, and other aspects to the goods approved for use by the cited trademark of the opponent, and belong to similar goods; The opposed trademark fully includes the cited trademark of the opponent and has not formed a clear other meaning. Therefore, the coexistence of the two trademarks on similar goods can easily cause confusion and misidentification among the relevant public. Therefore, the "Lemaisen" trademark is not registered on similar goods.

[Case Analysis]

At present, most countries in the world have a trademark opposition system in their trademark laws, which aims to protect the rights of other prior rights holders through public supervision and is a supplement to the trademark examination system.

In practice, enterprises or individuals can entrust us to conduct regular monitoring of key trademarks. If similar trademark applications are found to have entered the publication period, the trademark opposition application procedure can be initiated to safeguard their relevant rights and interests.