1. How to define similar products with intellectual property rights
Identify that similar products have a Standard, but there is no specific scope, and whether it is a similar product must be determined based on the specific situation.
1. Trademark appearance. That is, the visual images of the words, graphics, or combinations of the two trademarks are observed from the perspective of ordinary consumers to see if they can cause misunderstanding or confusion.
2. Trademark pronunciation. Based on people's hearing, determine whether the two trademarks cause confusion due to similar pronunciation.
3. The meaning of the trademark. Analyze whether the two trademarks have the same or similar meaning and cause confusion among consumers as to the source of the goods.
2. How to determine trademark objections
The adjudication of trademark objections is carried out by the State Trademark Office. After the deadline for objection defense and supplementary materials specified by law, the Trademark Office will summarize the objection or defense materials submitted by both parties to the objection and transfer them to the opposition ruling department of the Trademark Office for scheduling and ruling in accordance with the procedures. If the defense materials or supplementary evidence materials are submitted within the time limit, it will be deemed to have waived the right to defend or supplement evidence materials.
The Trademark Office will make a ruling in accordance with the law after understanding the facts and reasons stated by the opponent and the opposed party based on the existing evidence and materials, and after investigation, verification and confirmation. The ruling results will be notified to both opposing parties in the form of a "Trademark Objection Ruling".
Article 27 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China" The Trademark Office shall promptly send a copy of the trademark objection materials to the party being opposed, and the party shall collect it on its own Within 30 days from the date of receipt of a copy of the trademark objection materialsreply. If the respondent fails to respond, it will not affect the decision of the Trademark Office.
If the party needs to supplement relevant evidence materials after filing an opposition application or defense, it should state this in the trademark opposition application or defense and submit the trademark opposition application itself. Submit it within 3 months from the date of the written statement or defense; if it is not submitted within the time limit, it will be deemed that the party concerned has given up on supplementing relevant evidence materials. However, if the evidence is generated after the expiration of the time limit or the party fails to submit it before the expiration of the time limit due to other legitimate reasons, if the evidence is submitted after the expiration of the time limit, the Trademark Office may accept the evidence after handing it over to the other party and cross-examining it.
The above is the answer given by the editor of Legal Savior Network on "How to define similar products with intellectual property rights". We can understand that there is a standard for identifying similar products, but There is no specific scope, and it is necessary to determine whether it is a similar product based on the specific situation. If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.
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