When conducting a Trademark Search in China, understanding how CNIPA examiners assess similarity is essential. The Chinese trademark system applies a unique set of similarity standards that differ significantly from those used in the United States, Europe, and other jurisdictions. This article explains the CNIPA similarity framework and how it affects your Trademark Search strategy.

The Three Dimensions of CNIPA Similarity Assessment

CNIPA examiners evaluate trademark similarity across three dimensions, as outlined in the Trademark Examination and Trial Guidelines:

1. Visual Similarity (外观近似)

Chinese examiners compare the overall visual impression of marks. This includes:

  • Character composition: Marks composed of similar Chinese characters, even if the order differs slightly, may be found similar
  • Design elements: Figurative marks are compared using the Vienna Classification system
  • Layout and structure: The arrangement of words and design elements within the mark matters

2. Phonetic Similarity (读音近似)

This is particularly important for foreign brands entering China. A Trademark Search must consider:

  • Mandarin pronunciation: The most common basis for phonetic comparison
  • Regional dialects: Cantonese, Shanghainese, and other dialects may be considered in some cases
  • English pronunciation: For marks containing English words, how they are pronounced by Chinese consumers

3. Conceptual Similarity (含义近似)

Even if visually and phonetically different, marks with similar meanings can be rejected. For example, a mark containing “Tiger” and another containing “Lion” might be considered conceptually similar because both refer to large cats.

The Subclass System: A Unique Feature of Chinese Trademark Search

China divides each of the 45 Nice classes into subclasses. This is a crucial concept for any Trademark Search:

  • Within the same subclass, similarity is presumed
  • Across different subclasses within the same class, goods are generally not considered similar
  • However, cross-subclass similarity can be found if goods are closely related in function, purpose, or distribution channels

For example, Class 9 includes subclasses for “computer software” (0901) and “computer hardware” (0902). While these are different subclasses, CNIPA may find similarity if a software mark and a hardware mark are confusingly similar in appearance or pronunciation.

Cross-Class Similarity

In certain cases, CNIPA finds similarity between marks in different classes. This is most common between:

  • Class 25 (clothing) and Class 35 (retail services)
  • Class 5 (pharmaceuticals) and Class 44 (medical services)
  • Class 29 (food products) and Class 43 (restaurant services)

A comprehensive Trademark Search should check for cross-class conflicts in these high-risk areas.

Practical Tips for Trademark Search

  1. Search each element separately. If your mark contains both words and a logo, search each element independently.
  2. Include Chinese transliterations. Create a list of possible Chinese character combinations that sound like your brand and search for each.
  3. Check all relevant subclasses. Don’t stop at the obvious subclass. Review neighboring subclasses for potential conflicts.
  4. Consider the relevant consumer. CNIPA evaluates similarity from the perspective of the average Chinese consumer, who may have different expectations than consumers in other markets.

Conclusion

Understanding CNIPA’s similarity assessment framework is essential for effective Trademark Search in China. By accounting for visual, phonetic, and conceptual similarity, and navigating the subclass system, you can identify potential conflicts before they become obstacles to your trademark registration.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice.