Think Your Brand is too Small to Face IP Giants in China?-- DAG'ENHAS Successfully Protects its Brands in China

TM APPROVAL:

Dag'enHas is a new startup concept focused on themed products, retail experiences, and franchise opportunities. The Dag'enHas name is derived from the founder's name, Dag, and the English word "has." DAG'EN is also inspired by the Norwegian word "dagen," meaning "the day," reflecting the belief that every day should be filled with imagination, creativity, and discovery. Combined with the English word "has," the name reflects a brand built around these ideals. Dag'enHas successfully secured three trademark registrations approved by the China National Intellectual Property Administration (CNIPA), including Trademark Application in Class 35, Class 29 and Class 25, covering franchise business, dairy products, caviar, clothing and related products.

TM OPPOSITION:

General Mills, Inc., the owner of the HÄAGEN-DAZS trademark portfolio, opposed the Dag'enHas trademark application in an effort to prevent its registration in China. Founded in 1960 by Reuben Mattus in New York, the name "Häagen-Dazs" was intentionally created to sound Scandinavian, although it has no specific meaning in any Scandinavian language. Over the decades, HÄAGEN-DAZS has become one of the world's most recognized premium ice cream brands.

THE DECISION:

According to the published decision, CNIPA determined that the marks differed sufficiently in their visual composition, pronunciation, and overall commercial impression such that relevant consumers were unlikely to be confused. The decision reflects CNIPA's established examination standards, which are applied equally to domestic and foreign applicants. CNIPA ultimately concluded that the Dag'enHas trademark did not create a likelihood of confusion with the HÄAGEN-DAZS trademarks.

• First, the marks were visually distinguishable. While both marks contained a Scandinavian-style appearance, their spelling, letter arrangement, and overall visual presentation were different.

• Second, CNIPA found that the marks differed in pronunciation. Trademark examiners evaluate how consumers are likely to pronounce and remember marks when encountered in the marketplace. In this case, CNIPA concluded that the pronunciation differences were sufficient to distinguish the two brands.

• Third, the marks conveyed different overall commercial impressions. Trademark analysis focuses on the overall impression created by a mark rather than isolated similarities. CNIPA determined that consumers were unlikely to believe that Dag'enHas originated from, was affiliated with, or was sponsored by HÄAGEN-DAZS.

• Finally, while HÄAGEN-DAZS is a highly recognized international brand, trademark fame alone does not automatically prevent the registration of every mark that shares certain similarities. Under Chinese trademark law, each case is evaluated according to specific legal standards, including similarity of the marks, the relevant goods and services, the evidence presented, and the likelihood of consumer confusion.

Based on these factors, CNIPA dismissed the opposition and approved registration of the Dag'enHas trademark.

THE FUTURE:

Following its successful trademark registrations, Dag'enHas continues to pursue its broader business vision. The company is exploring opportunities to create youth-oriented educational entertainment concepts, themed retail experiences, family-focused destinations, branded products, and franchise operations designed to inspire curiosity, learning, and engagement. As part of its growth strategy, Dag'enHas is actively seeking strategic partners, investors, franchise operators, licensors, and business collaborators who share its vision of creating unique experiences for children and families. The company welcomes discussions with individuals and organizations interested in participating in the future development and expansion of the Dag'enHas concept.

OUR ASSISTANCE:

In the field of trademark and intellectual property, our services include trademark registration, trademark searches, opposition proceedings, defensive registration strategies, renewals, assignments, licensing matters, copyright registration, software copyright registration, patent filing coordination, and broader brand protection support.

We are committed to helping you enter and operate in China with confidence, efficiency, and full regulatory compliance—Gomax, your trusted local partner for doing business in China.

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