1. How to judge trademark infringement: Accurately identify similar Trademarks
The identification of similar trademarks or logos is trademark infringement An indispensable and important part of the judgment. Infringement can only be established if the two conditions of "similar trademark or logo" and "use on the same or similar goods" are met. 3. Similar trademarks are different from identical trademarks. Although there are certain visual differences, they are similar to registered trademarks in other aspects such as pronunciation and meaning, and are enough to cause misunderstanding or confusion among consumers. To examine whether two trademarks are similar, the following aspects should generally be considered:
1. Appearance of the trademark. 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. Trademark meaning. 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 judge trademark infringement: correctly judge similar products
Confirm the same or similar products The standard is the key to comparing two commodities4. Although the National Trademark Office has compiled and issued the "Classification Table of Similar Goods", due to technical reasons it is difficult to solve the problem of whether they are similar in practice. Therefore, the "Classification Table of Similar Goods" and the "International Classification Table of Goods and Services for Trademark Registration" are not The basis for classifying similar goods can only be used as a reference for identifying similar goods. It is the only feasible method in practice to judge based on whether two commodities are similar in terms of functions, uses, raw materials, production companies, consumer objects, sales channels, etc., and whether this similarity may easily cause consumers to misunderstand the origin of the commodities. s Choice. It should be particularly pointed out that different categories and groups do not mean dissimilarity, and specific issues should be analyzed in detail.
However, because the raw materials, uses, sales channels, consumer groups, etc. are basically the same and the production processes are similar, they should be recognized as similar goods. Moreover, the standards for similar products varyWith the development of the times, some products that were originally dissimilar may become similar products due to the emergence of new materials, new processes, new forms, as well as changes in functions, uses, sales channels, etc. In the case of using a trademark that is the same as or similar to a registered trademark, the goods approved for use with the registered trademark are similar in terms of functions, uses, raw materials, production companies, consumer targets, sales channels, etc., which may easily cause consumers to misunderstand the source of the goods. The products are "similar products". To determine whether they are "similar goods", the premise is the relationship between the goods and the relationship between the goods and the trademark. Goods that have the same functions and uses, and share common consumption targets and sales channels are generally considered similar goods. However, the raw materials and production companies of the goods can clearly indicate the source of the goods and will not cause confusion among consumers. , should not be regarded as similar goods. If there is a specific connection between the goods and services, and the use of the same or similar trademarks will easily make consumers think that the goods or services are provided by the same enterprise, the goods and services should be deemed to be similar.
3. How to judge trademark infringement: Do not judge based on the quality of the goods
《 The main content of the Trademark Law is to protect the exclusive right to register a trademark. Therefore, in handling trademark infringement cases, the quality of the goods will not affect the determination of trademark infringement. If someone else uses a trademark that is identical or similar to a registered trademark without authorization, even if the quality of their goods is better than that of the owner of the registered trademark, it should be considered a trademark infringement. As for the registered trademark owner's behavior of inferior quality or even shoddy goods, passing them off as good quality, and deceiving consumers, other provisions of the Product Quality Law and the Trademark Law can be applied, and are not directly related to the determination of trademark infringement.
4. How to judge trademark infringement: illegal use of the trademark registrant
The exclusive right to use a trademark is A civil right that registrants can exercise within the scope of the law. If the registrant violates the Trademark Law and the Implementing Rules during the use of a registered trademark, relevant provisions may be applied and the registrant shall be required to bear corresponding administrative legal responsibilities, but this will not affect the determination of trademark infringement. In this case, if others use a trademark that is identical or similar to the registered trademark without authorization, it shall be deemed as trademark infringement. Although the illegal use of a trademark registrant does not affect the determination of trademark infringement, it may affect the exercise of its rights and even cause it to lose the right to claim compensation.
5. How to judge trademark infringement: reasonable definition of normal use
Unauthorized use by othersWords and graphics that are identical or similar to a registered trademark do not necessarily constitute trademark infringement. This depends on whether its use is justified.
6. How to judge trademark infringement: comprehensively weigh other factors
In the process of determining trademark infringement cases In addition to the factors that need to be grasped above, other factors may also be involved, such as the trademark's popularity, distinctiveness, specific usage, degree of subjective fault, and the relationship between the parts and components of the product as a whole. Due to the inconsistency in other factors involved in individual cases, the determination of trademark infringement will also be inconsistent. As far as the popularity of a trademark is concerned, generally speaking, the higher the popularity, the wider the scope of protection, and the greater the possibility that it will be deemed as trademark infringement when others use it without authorization.
There are six ways to determine trademark infringement. There is a detailed introduction in the article, I hope it can help you. If you have any questions, please feel free to consult a lawyer on this website.