[Case Summary]

Zhejiang Tapai Shaoxing Wine Co., Ltd. is a well-known manufacturer and supplier of alcoholic beverages in China, and an important export base for Shaoxing wine. Its previously registered "Ta" trademark is a well-known trademark. At the same time, the "Tapai Original Color", "Tapai Original Flavor", "Tapai Original", and "Tapai" trademarks registered on Class 33 alcoholic beverages have been widely promoted and used, and have gained high popularity and reputation among the relevant public, becoming familiar to consumers.

Through monitoring, we found that a company in Shaoxing applied for the registration of the trademark "Baitaben" in Category 33 on April 27, 2022, and its products are "Baijiu, rice wine", etc. We believe that the "Bai Ta Ben" trademark and the "Ta Pai Ben" trademark have a high degree of similarity, both containing "Ta" and "Ben", and are registered on Class 33 liquor products, which can easily confuse or misidentify consumers about the source of the goods. The tower company then 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 disputed trademark "Baitaben" will not be registered.

After examination, the Trademark Office believes that the opposed trademark "Bai Ta Ben" and the designated goods of the previously registered trademark "Ta Pai Ben" cited by the objector are basically the same in terms of raw material composition, production process, sales channels, etc., and belong to similar goods; The trademarks of both parties are similar in terms of text composition and overall appearance, and their coexistence and use may cause confusion among the relevant public about the source of the goods. Therefore, the trademarks of both parties have constituted similar trademarks used on similar goods, and therefore the "White Tower Ben" trademark will not be registered.

[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 announcement period, the trademark opposition application procedure can be initiated to safeguard their relevant rights and interests.