Similar Or Not Similar, A Key Question

Can the use of a trademark on certain designated goods maintain the registration of the trademark on similar goods? How to define "similar goods" in non-use cancellation actions?

These two questions are the essential points in many non-use cancellation actions. In the recent adjudication made by the Supreme People's Court No. (2017) Zui Gao Fa Xing Shen No. 8597, the Court provides clear guidelines for these two questions. 

The case is between our client "Sunpower Corporation" and a local company. In 2014, Sunpower Corporation filed a partial non-use cancellation against the trademark registration No. 3476490 "maxon" on "batteries, battery chargers and chargers". 

During the examination, the registrant submitted only evidence of use on "cellphones". No any qualified evidence of use of the trademark on "batteries, chargers" was submitted. Therefore, the non-use cancellation request was supported by the Trademark Review and Adjudication Board.