[Case Summary]

Huifu Group Co., Ltd. is a group company with modern commerce, venture capital, and platform services as its main industrial sectors that develop in a coordinated manner. It also has a high reputation in the clothing industry and owns brands such as the "Huifu" trademark. We have found through trademark monitoring that BS Company in Shenzhen has applied for the "Huifuyi" trademark, which is highly similar to its prior trademark, on Class 25 clothing products and has entered the preliminary examination announcement period. Huifu Group Co., Ltd. attaches great importance to this matter.

After analysis, we believe that the main identifying and prominent parts of the trademark "Huifuyi" in the title are highly similar to the previously registered trademark "Huifu" of Huifu Group Co., Ltd., and have been fully included. In addition, the "Huifu" trademark has a high reputation in the clothing industry. In this case, as a company in the same industry, we should reasonably avoid prior rights. If the trademark is approved for registration, it is very likely to cause confusion for consumers. According to relevant regulations such as the Trademark Law, the trademark should not be approved for registration. Huifu Group Co., Ltd. has entrusted me to submit a trademark opposition application to the Trademark Office.

[Result of Trial]

After hearing, the China National Intellectual Property Administration believed that "Huifuyi" and "Huifu" constituted similar trademarks, and if they coexisted in the market, consumers would easily be confused and misunderstood. Our objection was justified, and the 25th category of "Huifuyi" trademark was not registered.

[Case Analysis]

The key to the successful invalidation of this case lies in: (1) high similarity of the trademark; (2) The high popularity of prior trademark brands and trade names constitutes the basis of prior rights, and is argued in accordance with relevant provisions of the Trademark Law.