Ranomliphe, what brand is this?

Keywords bag brand, Guangdong, and brand dispute,

Trademark Office of the State Administration for Industry and Commerce:

Recently, our bureau received a complaint from Yongjia Bank of Hong Kong, the owner of "Romantic" and "Romantique" registered trademarks, which reflected that some enterprises in Guangzhou insinuated their registered trademarks with "RanomliPhe", misleading consumers to buy inferior products and damaging their trademark reputation, and requested to investigate and deal with them according to law.

There are two opinions in this case: one holds that "RanomliPhe" is different from the registered trademark "Romantique" only in the initial and middle letters, and the others are different, so the two trademarks cannot be considered similar. Another point of view is that there are great differences in the arrangement of words between the two trademarks, but careful analysis shows that the number of words of "Ranomliphe" and registered trademark "ROmantique" is equal, although some changes have been made, the changes are regular. First, change the combination and move the word "an" forward; The second is to change the tone with similar letters, such as: "T" to "I"; "q" is changed to "p"; "u" is changed to "h"; Thirdly, replacing "Q" with "P" breaks the auxiliary horizontal bottom line in the same position, but it is a conscious act of insinuating others' registered trademarks.

In addition, the used logo packaging bags are almost the same in style, graphics and color, which will inevitably lead to misunderstanding and purchase by consumers. Our bureau believes that whether the two trademarks are similar or not is ultimately judged by whether consumers may misunderstand them.

From the analysis of this case, although the respondent has made some changes to the trademark used, the overall appearance is still relatively close. In addition, it consciously uses the logo with the same style, pattern and color as the registrant, and the outer packaging bag is more likely to cause misunderstanding and mistaken purchase by consumers. This behavior should constitute trademark infringement. However, considering that the case is a foreign-related case, we hereby report it to your bureau for effective legal determination so as to handle it promptly and accurately. I hereby report it.

If not, please reply.

Guangdong Provincial Administration for Industry and Commerce

May 10, 1995

Second, the content of the reply

Guangdong Provincial Administration for Industry and Commerce:

Your request for instructions on whether the use of "Ranomliphe" constitutes an infringement of the exclusive right to use a registered trademark of "ROmantique" [Guangdong Industrial and Commercial Letter (1995)No. 159] has been received. The answer is as follows:

To judge whether the two high standards are similar, the ultimate criterion is whether consumers have mistaken or enough to cause consumers to misunderstand. Judging from the trademark logo attached to the letter, although only a few letters are the same, the words of "Ranomliphe" and "Romantique" are the same, and the letters, overall appearance and appearance of the former are basically the same as those of the latter, which is enough to cause misunderstanding among consumers. Therefore, our bureau agrees with your opinion on judging "Ranomliphe" and "Romantique" as approximate trademarks.

Trademark Office of the State Administration for Industry and Commerce

June 21, 1995