1. How to determine that trademarks are similar
How to determine trademarks in trademark infringement litigation Regarding the issue of similarity, Article 10 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Trademark Civil Dispute Cases" stipulates: "The determination of trademark similarity shall be based on the following principles:
(1) Based on the general attention of the relevant public;
(2) Both the overall comparison of the trademarks and the main parts of the trademarks must be compared The comparison should be carried out separately with the comparison objects isolated;
(3) To determine whether the trademarks are similar, the distinctiveness of the registered trademark requested to be protected should be considered. sex and popularity.”
According to this article, the following aspects should be paid attention to when judging the similarity of trademarks:
First of all, the judgment standard of the relevant public should be used to determine whether a trademark is similar. Article 8 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" stipulates: "The relevant public referred to in the Trademark Law refers to consumers related to a certain type of goods or services identified by a trademark and those related to the aforementioned goods. Or other operators closely related to the marketing of services." Relevant public is an overall concept and cannot be replaced by a specific consumer or operator.
Secondly, determining whether a trademark is similar should be based on the general attention of the relevant public. The so-called general attention refers to the attention exerted by the relevant public under normal circumstances, and when both the plaintiff's registered trademark and the defendant's infringing logo are in use, it is verified based only on the general public's general impression of the registered trademark. Whether the alleged infringing mark will be confused with the plaintiff’s registered trademark.
Finally, to judge whether a trademark is similar, the method of observing the main parts and comparing the whole should usually be used, that is, whether the main components of the logo should be observed to see whether they are similar; only when the main parts are similar Only when some parts constitute a consensus, should we further judge whether the two are as a wholeconstitute similar trademarks.
2. Prosecution of trademark infringement:
Trademark Civil Disputes No. Cases of first instance shall be under the jurisdiction of the people's courts above the intermediate level. In addition, each higher people's court may, based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, identify 1-2 grassroots people's courts in larger cities to accept first-instance trademark civil dispute cases.
Civil lawsuits filed due to infringement of the exclusive right to use a registered trademark shall be filed by the People's Court of the place where the infringement is committed, the place where the infringing goods are stored or seized, and the place where the defendant is domiciled. jurisdiction. The storage place of the above-mentioned infringing goods refers to the place where the infringing goods are stored and concealed in large quantities or regularly; the place of seizure and seizure refers to the place where the customs, industry and commerce and other administrative agencies seal and detain the infringing goods in accordance with the law.
If a lawsuit is filed by a defendant, the people's court in the place where the defendant's infringement was committed shall have jurisdiction.
The above are some issues that the editor has introduced to you regarding the courts with jurisdiction over prosecutions for trademark infringement. You can draft a complaint and the like according to your specific requests, or you can directly entrust a professional lawyer to do it. If you still don’t understand anything, you can come to the Legal Savior Network for legal consultation.
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