1. How to identify similar infringements of trademarks
"Identical trademarks" is "Trademark similarity" means that compared with the trademark accused of infringement and the plaintiff's registered trademark, there is basically no visual difference between the two; "trademark similarity" means that compared with the trademark accused of infringement and the original registered trademark, there are differences in text between the two. The overall structure of the trademark formed by the combination of the glyphs, pronunciation, meaning, or the composition and color of the graphics or the combination of the various elements is similar, or the main body shape and color combination of the trademark accused of infringement and the original registered trademark are similar, and the trademark accused of infringement is similar to that of the original registered trademark. The simultaneous use of original registered trademarks may easily cause the relevant public to misunderstand the source of the goods or mistakenly believe that the goods with the infringing trademark are specifically related to the goods with the original registered trademark.
The principles for identifying identical or similar trademarks are:
1. Based on the general attention of the relevant public as the standard;
2. It is necessary to compare not only the overall trademark, but also the main parts of the trademark. The comparison should be in the comparison object. Carry out separately in isolation;
3. To determine whether the trademarks are similar, the distinctiveness and popularity of the registered trademark requested for protection should be taken into consideration.
2. What are the trademark infringements
"China Article 52 of the Trademark Law of the People's Republic of China stipulates five types of infringement of the exclusive rights of registered trademarks:
1. Without the permission of the trademark registrant, infringement of the exclusive rights of registered trademarks in the same category Use a trademark that is identical or similar to its registered trademark on goods or similar goods. This article can be divided into four forms of trademark infringement:
(1) The trademark accused of infringement is the same as the registered trademark, and the goods used in the accused trademark are the same as those of the registered trademark. The goods approved for use by the registered trademark also belong to the same category.
(2) The trademark accused of infringement is the same as the registered trademark, and the goods used in the accused trademark are similar to the goods approved for use by the registered trademark.
(3) The trademark accused of infringement is similar to the registered trademark, and the trademark used by the accused trademark belongs to the same category as the goods approved for use by the registered trademark.
(4) The trademark accused of infringement is similar to the registered trademark, and the goods used in the accused trademark are similar to the goods approved for use by the registered trademark.
2. Selling goods that infringe the exclusive rights of registered trademarks;
3. Counterfeiting or manufacturing without authorization Registered trademarks by others or sell counterfeit or unauthorized registered trademarks;
4. Without the consent of the trademark registrant, replace the registered trademark and replace the trademark The goods are put into the market again. This behavior is also called "reverse counterfeiting."
5. Causing other damage to others’ exclusive rights to registered trademarks. Article 1 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" stipulates: The following acts are acts that cause other damage to others' exclusive rights to register trademarks as stipulated in Article 52 (5) of the Trademark Law :
(1) Prominently using words that are the same as or similar to others’ registered trademarks as the company’s trade name on the same or similar goods may easily mislead the relevant public. Recognized;
(2) Copying, imitating, or translating a well-known trademark registered by others or its main part as a trademark on different or similar goods, misleading The public, causing the interests of the registrant of the well-known trademark to be harmed;
(3) Registering the same or similar words as another person’s registered trademark as a domain name, and E-commerce transactions of related goods through this domain name may easily lead to misunderstanding by the relevant public.
Here the editor would like to remind everyone that imitation and deformation of trademarks are a type of trademark similarity infringement. Today, with the increasing emphasis on trademarks, , there are more and more trademark infringement cases, and everyone has needs in this regard. You are welcome to consult professional lawyers on the Legal Savior website.
