Analysis Of The KFC Express Trademark Registration Disput

"Home Delivery" is a trademark registered by Shanghai Dibang Company in 2004,approved to use services such as express delivery,etc.,since 2006 KFC launched "KFC Home Delivery",and in 2016 applied for the registration of the trademark,but this application caused a series of controversial issues,including trademark distinctiveness,how to consider popularity in the judgment of trademark similarity,how to determine trademark similarity,and whether the "KFC Home Delivery" trademark constitutes reverse confusion.Among them,the determination of trademark similarity has always been the most troublesome problem for judicial organs,trademark administrative authorities and trademark practitioners,because of the complexity of relevant factors involved and the ambiguity of the use of confusing possibility factors,resulting in some controversy in the determination of trademark similarity,and reverse confusion as a new type of trademark infringement phenomenon has been common in China’s judicial practice,and the cases involving reverse confusion are often major cases,so it is necessary to pay close attention to it.Based on case analysis,this article focuses on a series of controversial issues caused by KFC’s application for the "KFC Home Delivery" trademark.According to the summary of the case,this article first analyzes the impact of KFC’s trademark distinctiveness and popularity on the determination of trademark similarity,and then determines whether the trademark applied for registration by KFC constitutes trademark similarity,and then focuses on whether KFC’s behavior in this case constitutes reverse confusion.Finally,in view of the problems reflected in the case,he gives his own thoughts and suggestions on the determination of trademark similarity and reverse confusion in China.