The Three-Part Similarity Test

When comparing two trademarks, CNIPA examiners follow the 'three-element test' established in the Trademark Examination and Adjudication Guidelines (2021 edition):

1. Visual similarity: How the marks look — characters, design, layout, color
2. Phonetic similarity: How the marks sound when pronounced
3. Conceptual similarity: What the marks mean

CNIPA considers the overall impression created by the mark, not a mechanical element-by-element comparison. Two marks can be similar even if no single element is identical.

Special Rules for Chinese Character Marks

China's unique writing system creates examination challenges not found in alphabet-based jurisdictions:

• Identical characters, different order: '白兔' (White Rabbit) and '兔白' (Rabbit White) — likely similar if the reversed meaning is confusing
• Similar-looking characters: '大' and '太', '人' and '入' — CNIPA considers visual confusion risk high
• Same pronunciation, different characters: '美的' (Měidì) and '美地' (Měidì) — may be confusing if the meaning is also similar

Case Examples

Case 1: Visual Similarity Prevails

Applied mark: NIKE with swoosh design
Cited mark: NICE with similar swoosh
Result: Rejected — overall commercial impression was confusingly similar despite different spelling.

Case 2: Different Classes, No Conflict

Applied mark: APPLE for clothing (Class 25)
Prior mark: APPLE for computers (Class 9)
Result: Accepted — consumers are unlikely to confuse clothing and computers, unless APPLE is a well-known mark crossing classes.

Case 3: Conceptual Difference Saves the Day

Applied mark: '熊猫' (Panda) for electronic products
Prior mark: 'PANDA' (English) for electronics
Result: Rejected — CNIPA treats Chinese and English translations as conceptually identical when linked to the same goods.

Practical Tips for Avoiding Similarity Rejections

• Comprehensive search is non-negotiable: Search in Chinese characters, pinyin, and English. Don't assume a 1-character difference is enough.
• Consider the target audience: CNIPA assesses confusion from the perspective of the average Chinese consumer, not a trademark lawyer.
• Class relationship matters: Similarity in unrelated classes is generally not an issue — but check for well-known marks that receive cross-class protection.