DEERMA Trademark Dispute Ends in Partial Registration Win

Multigoods Production Ltd. of China filed trademark application No. 2024734431 for various goods in International Class 21. The patent office initially granted registration for some items but refused others on grounds of confusing similarity to earlier DEERMA marks owned by Guangdong Deerma Technology Co., Ltd.

The cited registrations include national mark No. 630208 and several international registrations covering household and kitchen items. The applicant appealed, arguing that certain goods such as portable baby baths and aquariums were not similar to the goods in the cited marks.

The Chamber of Patent Disputes reviewed the appeal and confirmed visual and phonetic similarity between the marks due to the shared dominant element “DEERMA.” It upheld the refusal for similar goods but allowed registration for dissimilar items including signboards of porcelain or glass, fiberglass thread, opal glass, and enameled glass.

The decision illustrates the office’s willingness to segment goods lists in similarity assessments under applicable civil code provisions. The partial allowance provides the applicant with enforceable rights in non-conflicting categories.

Sources: https://trademarklawyermagazine.com/deerma-trademark-dispute-ends-in-partial-win-for-applicant/ https://trademarklawyermagazine.com/trademark-news/