Standards for judging similar trademarks
1. Human standards.
That is, the level of attention of most consumers is used as the standard.
2. Ground standards.
The determination of similar trademarks should vary according to various regional differences.
3. Standards of things.
The corresponding standards vary depending on the nature and value of the goods.
4. The time scale is similar to the time standard for trademark judgment.
When judging whether trademarks are similar, differences in age, season, etc. must be taken into consideration and should vary from time to time.
Article 30 of the current Trademark Law stipulates: "Any trademark applied for registration that does not comply with the relevant provisions of this Law or is used by others on the same or similar goods is If a registered or preliminarily approved trademark is identical or similar, the Trademark Office will reject the application and will not publish it.
This provision is mainly to protect the trademark that has been applied for registration earlier. Rights will not be protected for trademarks that are identical or similar to others' earlier trademarks applied for registration on the same or similar goods. In the practice of review cases, the determination of whether two trademarks constitute similar trademarks must take into account the trademark logo. The constituent elements and their overall degree of similarity should also take into account factors such as the distinctiveness and popularity of the relevant trademark, the degree of association of the goods used, and whether it is likely to cause confusion to the relevant public as the criterion. It should be avoided to simply make the constituent elements of a trademark similar to the trademark. Approximately equivalent. Under normal circumstances, if the components of the relevant trademarks are similar as a whole, they can be determined as similar trademarks. The components of the relevant trademarks are not similar as a whole, but the popularity of the trademark claiming rights is much higher than that of the trademark accused of infringement. You can compare the main parts to determine whether it is approximate.
Related knowledge: There are several methods to judge similar trademarks
1. Isolated observation method.
Placing two or more trademarks at different times and places for observation is easy to happen if consumers with ordinary knowledge and experience pay ordinary attention when purchasing. If they are confused, such trademarks are similar trademarks.
2. Comparative method of important parts.
If the appearance of the main parts of two trademarks is obviously different and does not cause consumers to misunderstand, they are non-similar trademarks; otherwise, they are similar trademarks.
3. Separation and comparison method. Compare the components of the two combined trademarks separately. If the pronunciation, meaning, appearance, etc. of the compared parts are similar or have no significant differences, they are similar trademarks.
Hope our article can give you some help when you are confused. If you still have any questions, you are welcome to go to the Legal Savior Network for legal consultation.
