Are similar trademarks and copyrights necessarily similar?

If both Trademarks have high popularity, or the coexistence of the two trademarks is formed under a specific environment, then in the process of determining the similarity of the trademarks, we also need to combine the actual use status of the two trademarks, Comprehensive evaluation and judgment based on multiple factors such as usage history, relevant public awareness, and the user’s subjective mentality. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Are similar trademarks and copyrights necessarily similar?

The process of determining trademark similarity is very complicated, especially when it comes to those with widespread influence and popularity. When applying for a trademark, we need to more carefully consider many other factors besides the degree of trademark similarity.

If two related trademarks show a high degree of similarity in overall composition, Then we will consider that the two trademarks constitute similar trademarks.

If the two related trademarks do not show a high degree of similarity in overall composition nature, but one of them, the so-called rights trademark, has a very high reputation and involves another aspect that is accused of infringement. Then it is possible for us to determine by comparatively analyzing the main elements of the two trademarks. Whether they constitute similar trademarks.

If these two trademarks enjoy relatively high popularity, or their Coexistence is formed in a specific environment, so when determining the similarity of trademarks, we need to combine multiple factors such as the actual use of the two trademarks, the history of use, the perception of the relevant public, and the subjective attitude of the users. Comprehensive assessment and judgment.

"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" Article 10

"The People's Court based on Article 52 of the Trademark Law

In accordance with the provisions of item (1), the following principles shall be followed for determining whether trademarks are identical or similar:

(1) Based on the general attention of the relevant public;

(2) It is necessary to compare not only the overall trademark, but also the main parts of the trademark. The comparison should be conducted separately with the comparison objects isolated;

(3) To determine whether a trademark is similar, the distinctiveness and popularity of the registered trademark requested for protection should be considered. ”

2. After the trademark is registered, can others call it by this name?

After completing the trademark registration, no one else may use the name without authorization

Trademark registration is for the trademark owner to submit a registration application to the Trademark Administration in accordance with the registration conditions, principles and procedures established by the country for the purpose of obtaining exclusive rights to the trademark.

After rigorous review, if the Trademark Administration deems it meets the conditions, it will approve its registration, thus creating legal Potency.

A trademark reviewed and approved for registration by the Trademark Administration is called a registered trademark and enjoys Exclusive trademark rights.