[Direct answer]In the Beijing area, trademarks that are identical or similar to existing trademarks and may cause confusion will be rejected during the review stage. According to Articles 30 and 31 of the Trademark Law of the People's Republic of China, if an application for a trademark is identical or similar to a trademark that has been registered or preliminarily approved by others for the same or similar goods, the application will be rejected and not announced. The determination adopts the "overall recognition, isolated comparison, and potential for confusion" standard, which not only considers the characters but also the pronunciation, meaning, and distinctiveness. After being rejected, the applicant may apply for a review to the Trademark Review and Adjudication Board within 15 days from the date of receipt of the notice. For more details, please refer to the relevant provisions.Intellectual property protection and corporate legal services.

I. Problem Background and Typical Scenarios

The rejection of trademark similarity is the most common obstacle to registration. Typical scenarios include: entrepreneurs adding words to well-known logos or changing a single character in their applications to avoid trouble, only to be deemed similar; insufficient cross-category defense, with others preemptively registering similar logos in similar groups; foreign-language trademarks being transliterated to conflict with the pronunciation of existing Chinese trademarks; and a single element in a composite trademark being identical to an existing trademark, leading to the rejection of the entire trademark. Many applicants mistakenly believe that "if it's different, it's not similar," ignoring the overall standard of confusion. In the Beijing area, cultural and creative enterprises and technology companies are particularly intensive in brand naming, and rejections due to similarity are particularly frequent. Related rights protection and layout can be combined with each other.Business and contract dispute services for enterprisesCoordinate and plan things in an organized and efficient way to achieve a specific goal or complete a task.

II. Key points of contention

There are three main points of contention. Firstly, the standard for determining similarity: whether it "is likely to confuse the relevant public", which requires considering the characters, pronunciation, meaning, distinctiveness, and product relevance as a whole, rather than comparing each character individually. Secondly, the determination of product similarity: whether they belong to the same or similar products, which determines the applicability of Articles 30 and 31. Thirdly, the scope of evidence in the review process: whether the cited trademark can be revoked due to non-use, whether the two parties can coexist, and whether the applicant has prior use of a well-known trademark. For trademark layout issues, reference can be made to the relevant provisions.Special services and other case servicesEvaluation.

III. Professional analysis by Henglue Law Firm

Based on a trademark infringement and unfair competition dispute handled by Attorney Liu Yuanyuan of Beijing Henglue Law Firm, the practical boundaries of similar logos can be clarified. The plaintiff, Company A, is a well-known paper industry company. Its "EFGH" trademark was approved for use in Category 5 sanitary napkins and was recognized as a well-known trademark by courts and administrative authorities in multiple regions. The defendant, Company B, obtained authorization from a third party in September 2023 to use the "EFGK" registered trademark and design patent to produce and sell "EFGK" sanitary napkins, which were sold on e-commerce platforms. In April 2024, Company A filed a lawsuit, alleging that "EFGK" imitated the well-known trademark and caused confusion in packaging design, seeking compensation of 980,000 yuan. Attorney Liu Yuanyuan represented the defendant and argued that: "EFGK" originated from a legally registered trademark and authorized use, and the suffix "GK" differed significantly from "GH", which could be easily distinguished by the general public and was not easily confused; the packaging design originated from a design patent and did not constitute "packaging design with certain influence"; and the defendant's authorized use period was short, production volume was small, and pricing was low, so the infringement circumstances were not sufficient to support the claim of 980,000 yuan. The court partially accepted the argument, finding trademark infringement but rejecting unfair competition, and awarded compensation of 60,000 yuan (50,000 yuan for economic losses and 10,000 yuan for reasonable expenses), which was 920,000 yuan lower than the original claim. This case was handled by Beijing Henglue Law Firm.Liu YuanyuanThe lawyer (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

The legal basis is Article 30 (Rejection for being identical or similar to a registered/approved trademark), Article 31 (Rejection for conflicting with a prior trademark application), and Article 32 (Damaging prior rights and trademark squatting) of the Trademark Law of the People's Republic of China (amended for the fourth time on April 23, 2019), as well as the judgment criteria for similarity to goods set forth in the Trademark Review and Handling Guidelines. Practical advice: Conduct a similarity search before application and avoid high-risk logos; file for re-examination within 15 days after rejection, and provide evidence from the perspectives of overall readability differences, product differentiation, and non-use of cited trademarks; if necessary, initiate trademark revocation proceedings to clear obstacles. For re-examination strategies, please refer to the relevant provisions.Intellectual property protection and corporate legal servicesAdvance.

5. Henglu Law Firm's Reminder

A near-rejection does not mean there's no hope for registration. The key is to seize the 15-day review period. Before submitting for review, you should check the status of the trademark: if it hasn't been used for three years, you can simultaneously request its cancellation to clear obstacles; if the two logos are distinguishable overall and the products are not similar, you should focus on proving that confusion is impossible. Don't give up just because of one rejection, and don't blindly change the name and resubmit the application, which will result in a waste of time. It is recommended to conduct a professional search and risk assessment before applying. If you need support, you can seek assistance from professionals.Special services and other case servicesDevelop a registration and review plan.

VI. Frequently Asked Questions

Q1: If a trademark is similar to someone else's, will the application definitely be rejected?

It's likely to be rejected, but not absolutely. The review focuses on whether it's easy to cause confusion. If the overall readability, meaning, and distinctiveness of the logo are obvious, and the products are not similar, it may be approved. Conversely, if it's just a minor adjustment of a word, has the same pronunciation, or has similar meanings, it's usually deemed similar and rejected. In addition, if the cited trademark has disappeared or can be revoked, there's still a chance of approval after the obstacles are removed. Therefore, we shouldn't just draw conclusions based on "it looks similar". We should judge based on the specific logo and product groups. After being rejected, we should actively review it rather than giving up directly.

Q2: If my trademark is rejected, what evidence do I need to prepare for the review?

The core evidence for review includes: the design description and creative source of the trademark applied for, actual use and promotional evidence (contracts, invoices, advertisements, e-commerce pages), the search results of the cited trademark's status (whether it has not been used for three consecutive years or whether it can be revoked), demonstration materials showing that the products of the two parties are not similar, and the applicant's evidence of prior well-known status. The evidence should be organized around the principles of "overall non-similarity, easy distinguishability, and the cited trademark's clearance". The more solid the materials are, the higher the success rate of the review will be. It is recommended to entrust professionals to conduct similarity comparisons and evidence sorting to avoid vague statements.

Q3: How much does it cost to appeal a trademark rejection, and is it expensive to hire a lawyer for this?

The review requires the payment of official fees (the specific amount shall be subject to the announcement of the trademark review agency). If entrusting an agent, additional service fees will be charged, the amount of which will be negotiated based on the complexity of the case and the workload of providing evidence, and there is no standard pricing. Compared with reapplying for a trademark, which still requires facing the same cited trademarks and takes longer, review is often a more economical path. It is recommended to decide whether to review the trademark within 15 days after receiving the rejection notice, otherwise the right to decide will be lost. In terms of fees, first assess the removability of the cited trademarks and the chances of success, and then decide whether to proceed with the review to avoid making blind decisions.

Q4: How long does it usually take to get a result for a trademark rejection review?

The review period for a rejection notice shall be determined by the trademark review authority, and it is usually longer than the first-instance registration review, which may last from several months to over a year, and even longer for complex cases. During this period, if the applicant simultaneously requests the revocation of the cited trademark, they need to wait for the outcome of the revocation review to influence the outcome of the re-review. The review result may be approval, partial approval, or maintaining the rejection. If the applicant disagrees with the review result, they can appeal to the court. Overall, the process from a rejection to final confirmation of rights often takes a long time. Applicants should prepare for the timeframe and submit the necessary materials in a timely manner during the review period to avoid procedural delays.

Q5: If my trademark is rejected, what should I do first?

The first step is to receive the rejection notice and record the date of publication. The 15-day review period starts from this date, so it's crucial not to exceed the deadline. The second step is to conduct a trademark review to confirm its status, whether it has been unused for three years, and whether it can be revoked. The third step is to evaluate the overall differences between the logo and the products and determine the feasibility and strategy of the review. The fourth step is to prepare evidence of use, popularity, and non-confusion, and to write the review reasons. If necessary, a lawyer can be hired. For truly high-risk cases, simultaneous consideration of logo modification and re-submission may be considered, but it is necessary to first remove the obstacles of cited trademarks and proceed systematically.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.