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ARTICLE · 19 OCTOBER 2020

View On Similarity Between The Device Marks

According to the examination criteria...

ChinaIntellectual Property

According to the examination criteria:

- For pure device marks, the marks shall be considered as similar marks if their composition and overall appearance are similar and coexistence of them may cause confusion, such as 995660a.jpgVS 995660b.jpg.

- For combination marks that composed of device and word parts, the marks shall be considered as similar marks if their device parts are similar and coexistence of them may cause confusion, such as 995660c.jpgVS995660d.jpg .

Our client's application for trademark995660e.jpg, (No. 36295340) was rejected by the National Intellectual Property Administration, PRC ("CNIPA") citing the prior registered mark,995660f.jpg (No. 14749988), according to the above examination criteria. We filed the review of refusal and the CNIPA finally approved the client's trademark. In the decision for the review of refusal concerning the mark, the CNIPA held that our client's mark is different from the prior cited mark in terms of components, pronunciation and design style. The consumers could distinguish

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