How to use similar trademarks correctly
When using similar trademarks correctly, you need to pay attention to the following key points for identifying similar trademarks
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1. Similar trademarks exist when compared with registered trademarks , there is no registered trademark, and there is no similar trademark targeted in the determination of trademark infringement.
2. Similar trademarks are incomplete with registered trademarks Same trademark. If they are exactly the same, they constitute the same trademark as the registered trademark and are no longer similar trademarks.
3. Similar trademarks are similar to registered trademarks in shape , have the same or similar pronunciation or meaning. If they are neither identical nor similar, then they are two completely different trademarks, and there is no question of similar trademarks anymore.
4. When judging similar trademarks, the so-called similarity has reached a level that is likely to causeThe degree of confusion means that the trademark is used on the same or similar goods as the goods for which the registered trademark is approved, and ordinary consumers may have a wrong understanding of the source of the goods. If there is no misunderstanding, it is not a similar trademark.
5. The applied trademark is in English and needs to be reviewed. Comparing the corresponding Chinese meanings, if the main English components have corresponding Chinese meanings and the corresponding Chinese meanings have been registered before, it is a similar trademark, such as subway, and the corresponding similar trademark subwayMetro.
Principles for determining the identity and similarity of trademarks
1. The principle of easy identification: buyers buy themselves in the market When he needs a certain brand of goods, he is always based on his memory of a certain trademark or the impression left by this trademark in his mind, and this memory and impression are inaccurate, or in other words, Vague, buyers usually remember only certain features of the trademark. If two trademarks have the same characteristics so that ordinary buyers cannot distinguish them with ordinary attention, they are similar trademarks.
2. Principle of similarity of entities: whether the two trademarks constitute Similarity should be observed in relation to the trademark as a whole, a principle adopted by most countries.
3. Isolated observation principle: identify whether trademarks are similar , instead of carefully comparing the two trademarks together, they observe them in isolation. Isolated observation makes a certain part of the mark of a trademark stronger in meaning, while the remaining part becomes an addition to the strong meaning. In this case, ordinary buyers are prone to misunderstanding. Especially when one part of a trademark is not closely related to the rest, isolated observation is often used to determine whether trademark similarity exists.
4. Principle of visibility: Some well-known trademarks or Well-known trademarks enjoy higher recognition among the relevant public and have a stronger function of indicating the origin of goods or services. Even if additional elements are added to this type of trademark, it will be difficult to change the relevant public’s understanding of its origin because the more well-known parts have a strong role in indicating the origin.
Now, more and more companies are realizing A well-known trademark can bring huge benefits, so trademark infringement lawsuits are common. The editor of Legal Savior Network would like to remind everyone that when using similar trademarks, you must pay attention to understand the relevant legal regulations to avoid being sued. If you have relevant legal difficulties, please visit the Legal Savior website to contact our lawyers to solve the legal confusion around you.
