Our client ML Biotechnology Co., Ltd. promoted its men’s skincare brand “HEY BOYZ” through variety shows and other channels.

Before promotion, the company had already filed a Class 3 trademark application covering cosmetics, which passed preliminary examination but was later opposed during the publication period. The opponent argued similarity with the “BOY LONDON” series and claimed that registration would damage its well-known trademark rights in Class 25 clothing

After taking over the case, Lawyer Robby Hang 钱航 conducted a detailed review of the opposition materials. A key issue quickly emerged: much of the submitted evidence lacked relevance in terms of trademark use, designated goods, and geographical scope, and the evidentiary chain was incomplete

More importantly, the marks differed clearly in wording, structure, and overall visual impression, and the association between clothing and skincare products was weak.

The defense focused on consumer perception, even with coexistence in the market, the two trademarks would not cause confusion or misidentification. The CNIPA ultimately supported this position, ruling that the trademarks were distinguishable and did not constitute similar marks, and the request to recognize the cited Class 25 trademark as well-known was also rejected. The opposition failed, and the “HEY BOYZ” trademarks in Class 3 were successfully registered!

This case shows that opposition from a well-known brand might be scary but with precise evidence analysis, a clear understanding of trademark distinctiveness, as well as with professionals from Tranfan Law Office 全方知识产权 you can win!