How does the Trademark Office determine whether trademarks are similar?

If the trademarks are similar, they will be detected when submitting the application to the Trademark Office, and the only way to successfully register them is to change the design. Therefore, if you want to successfully register a trademark, you must first ensure that it can pass the Trademark Office. So, how does the Trademark Office determine that trademarks are similar? Today, the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

How does the Trademark Office determine whether trademarks are similar

To determine whether the trademarks are similar, you generally have to look at the glyphs of the two trademarks , pronunciation, meaning, or the composition, coloring, and appearance of graphics, or the overall arrangement and appearance of the combination of words and graphics, or the shape and appearance of its three-dimensional logo, or its color or color combination, when used in the same or similar goods or services that may easily cause the relevant public to misunderstand the source of the goods or services.

According to a simple understanding, the judgment of trademark similarity is , it is to see whether consumers will misunderstand the products with two trademarks.

After applying, the trademark owner mainly Examination of word marks, graphic marks and combination marks. Moreover, the Trademark Office generally determines similarity through the following methods:

1. Whether the specified goods or services are the same or similar goods or services;

2. From the shape, sound, meaning and overall expression of the trademark itself, the general attention of the relevant public will be used as the standard. , and adopt the method of overall observation and comparison of the main parts to determine whether the trademark mark itself is similar.

In practice, the People's Court determines trademark similarity based on the following points:

1. Use the general attention of the relevant public as the review 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 a state where the comparison objects are isolated. Carry out separately.

3. Determine whether the trademarks are similar. The distinctiveness and popularity of the registered trademark requested for protection should be considered.

4. The trademark is used on the corresponding products.

Trademarks are used by producers and operators of goods on the goods they produce, manufacture, process, select or distribute, or by service providers on the services they provide. If they are used to distinguish the source of goods or services, they consist of words. , graphics, letters, numbers, three-dimensional signs, sounds, color combinations, or combinations of the above elements, signs with distinctive characteristics are the product of modern economy.

In the commercial field, trademarks include words, graphics, letters, numbers, three-dimensional logos and color combinations, as well as combinations of the above elements, which can be used as trademarks Apply for registration. Trademarks approved and registered by the state are "registered trademarks" and are protected by law. Trademarks protect trademark registrants by ensuring that they have the exclusive right to identify goods or services, or to license others to use them for remuneration.

The above is the content compiled by the editor for you. Of course, in order to ensure that they can pass the Trademark Office smoothly, most rights holders will make a judgment on the similarity of the trademark before applying for a trademark. If they cannot judge based on their own ability, if your situation is more complicated, the Legal Savior Network also provides online lawyers. Consulting services, you are welcome to provide legal consultation.