New Approach for Similarity Judgment of Cross-class Goods
摘要
Recently, the China National Intellectual Property Administration decided that the disputed trademark designated on “shower caps” and the citations designated on “clothing; shoes; hats; hosiery; gloves (clothing); scarves; belts (clothing); down garments; leather belts (clothing); fur coat (clothing)” goods as similar trademarks on similar goods that would cause consumer confusion. Finally, the disputed trademark is determined to be invalidated in the “No. 20148247 ‘地素佳人’ (“DI SU JIA REN” in Chinese Characters) trademark invalidation ruling. This case is a typical example that breaks the Classification Book and provides a new approach to prove bad faith of the trademark applicant.“The intention of confusion” is a strong evidence to claim breaking through the Classification Book and prove the constitution of “similar goods” regulated in accordance with Article 30 of Trademark Law. The goods that has been refused at the stage of examination can be used to deduce the applicant was in bad faith with the “intention of confusion”.
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