Wednesday, September 29 2021 .
When receiving a notification of refusal for a trademark application, many applicants may choose to file an appeal arguing the significant difference between the applied trademark and cited trademark. However, the unilateral argument cannot always persuade the examiners even though the differences do exist. Under this circumstance, a letter of consent/coexistence agreement may help to increase the chance of success in a trademark review case.
Attributes of letter of consent
During the substantial examination of trademark registration, CNIPA will conduct a search on identical or similar trademarks designated on similar and related items. Any identical or similar trademark designated on similar goods will possibly confuse the public about the source of related goods/services, so CNIPA may refuse the later trademark for registration.That’s still not ruling out the circumstances that two trademarks are similar in a way but not to such an extent as to confuse the public. If so, the applicant may file an appeal to argue the significant difference together with a letter of consent from the holder of the cited trademark, or a coexistence agreement between the two parties of the applied trademark and the cited trademark. Continue Reading