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Beijing Fineland IP Firm Becomes the Agency of the Case of Review of“闵帝逊 MINDISH”Trademark Rejection and Successfully Protects Rights.


The applicant, MINDISH LIMITED, refused to accept the trademark rejection decision issued by the CNIPA, entrusted Beijing Fineland IP Firm to apply for the rejection review to the CNIPA in accordance with the law, and finally succeeded in defending its rights.

Brief description of the case:

The application trademark in the case is a series of previously registered trademarks, which has formed a high one-to-one correspondence with the applicant. As the applicant's intellectual property protection measures, it should be protected and There are significant differences between the application trademark and the cited trademark 1-2 in terms of representative meaning and appearance display, which will not cause confusion and misidentification by the relevant public, and does not constitute a similar trademark. The registration of application trademark does not violate the provisions of Article 30 of the Trademark Law, and shall undergo preliminary examination and announcement.

Trademark contrast picture:


The application trademark “闵帝逊 MINDISH”consists of Chinese and English, with the Chinese “闵帝逊” as the significant identification part. Based on the Chinese people's preference for Chinese characters, the application trademark calls “闵帝逊”in the actual call. The cited trademark 1 contains clear text content, and the overall logo takes the text "Minish" as the significant identification part and call content. The cited trademark 2 takes English "MINISH" as the significant identification part and call content. The significant difference is obvious, and the relevant public is fully able to clearly distinguish the source of the goods by virtue of the gap in the text part.

The applicant "MINDISH LIMITED", located in Hong Kong, China, is a mental health treatment company. The figure in the logo is designed around the business name of the applicant's enterprise. "mindish" in both Chinese and English is an imaginary word, which is the expression of the applicant's Chinese “闵帝逊”, and points to the applicant's own enterprise business name. Cited trademark 1-2 is the same right holder, “姜廷浩”, which operates a cosmetic dental hospital in South Korea. The citation trademark 1-2 echoes with the registered trademark“美你式” of the same category of the registrant."minish" is an inherent word in English, which corresponds to the industry attribute of the obligee: to protect the health of teeth and reduce the damage caused by teeth.

The application trademark is composed of Chinese characters and letters, separated in Chinese and English, the color is black, and the overall structure is rigorous, neat and uniform, with strong stroke regularity, giving people an objective, elegant, simple and generous visual feeling; the cited trademark 1 is composed of pure letters, the initial capital, giving consumers a simple and striking sense; the cited trademark 2 is composed of graphics and letters, the color is blue and purple, and the overall looks gentle with clear and cold, very pleasing, giving people a feeling of gentle and romantic and healing power.

To sum up, for the application trademark part, the letter part "mindish" only play a modifying role, the significant part is the text part“闵帝逊”, and the overall appearance, significant part and call difference, enough to make consumers more significant, and the application trademark should be preliminary approval and announcement.

In accordance with the provisions of Article 28 of the Trademark Law of the People's Republic of China, the CNIPA has decided as follows: the registration application of the application trademark on the goods under review shall be given preliminary examination and approval.