1. The concept of similar trademarks
Similar trademarks refer to identical or similar goods The similar logos of the two trademarks may easily cause the relevant public to misunderstand the source of the goods marked by the two trademarks or think that there is some specific connection between the goods marked by the two trademarks.
2. Components of similar trademarks
According to the requirements of similar trademarks According to the definition, the elements of similar trademarks can be summarized into the following three points:
1. The goods are identical or similar
Similar goods refer to goods that are identical in terms of functions, uses, production departments, sales channels, consumer objects, etc., or that are generally believed by the relevant public to be specifically related and likely to cause confusion.
Identity or similarity of the goods is the cornerstone for identifying similar trademarks. Only when the goods are identical or similar is it necessary to identify similar trademarks. If the goods are not identical or similar, it is necessary to identify similar trademarks. On dissimilar goods, even if the trademark logo is similar, it cannot be recognized as a similar trademark.
When judging whether the goods are similar, the "International Classification of Goods and Services for Trademark Registration" and the "Classification Table of Similar Goods and Services" can be used as a reference. In practice, when identifying similar goods, the Trademark Office and the Trademark Review and Adjudication Board will generally strictly follow the classification of similar goods in the "International Classification of Goods and Services for Trademark Registration" and "Classification of Similar Goods and Services" to determine whether the goods are similar. During the judicial review stage, there are often breakthroughs. The court will comprehensively consider the facts of the case and determine whether the goods are similar. This is also the difference between administrative review and judicial review.
2. Similar trademarks
Similar trademarks can be referred to as similar trademarks, which refers to two trademarks. Compare the glyphs, pronunciations, meanings of words or the composition and color of graphics, or otherThe overall structure of the combination of each element is similar, or the three-dimensional shape and color combination are similar. Similar trademarks and similar trademarks are two completely different concepts. Trademark similarity is only a conclusion drawn from the comparison of two trademarks, and is one of the constituent elements of similar trademarks.
To determine whether a trademark is similar, generally follow the following three principles:
(1) Based on the relevant public General attention is the standard
Generally, consumers’ understanding of trademarks is vague. Consumers can only remember the general outline of the trademark, but cannot describe the trademark in detail. Therefore, when determining the similarity of trademarks, the general attention of the relevant public must prevail, rather than the enhanced vision of professionals.
(2) It is necessary to compare not only the overall trademark, but also the main parts of the trademark. The comparison should be in a state where the comparison objects are isolated. Proceed separately below
General trademarks will have multiple constituent elements, and trademarks composed of multiple constituent elements will often have their distinctive parts, that is, the relevant public’s identification of the trademark. main part. Therefore, when determining the similarity of trademarks, if the entire trademark is similar, it will be determined as a similar trademark; if the entire trademark is similar to a major part of another, it should also be determined as a similar trademark.
The reason why the comparison is required to be done in isolation is because if the two trademarks are put together, the relevant public will first understand the trademarks when comparing them. Both trademarks have specific perceptions rather than vague memories. Secondly, when judging the similarity, people often focus on the differences between the two trademarks and ignore the similarities between the two trademarks. Determining the similarity of trademarks on this basis is different from determining whether two trademarks are similar in real life.
(3) To determine whether a trademark is similar, the distinctiveness and popularity of the registered trademark requested for protection should be considered
Some trademarks are generated randomly, and some are uniquely designed. Different inputs of intellectual resources will have different results in the relevant public's perception of trademarks. Trademarks created through unique design are often very different from other people's trademarks, and such trademarks have strong distinctiveness. Trademark law encourages innovation and opposes free riding. For trademarks that are highly original and distinctive, the trademark law should provide greater protection. When determining whether a trademark is similar, it should provide broader protection.
Popularity is the degree to which a trademark is known to the relevant public through use, promotion and other activities. The higher the popularity of a trademark, the more human, material, and financial resources the trademark owner has invested in the trademark. The trademark law should protect the effects of such investment by the trademark owner, and prohibit attempts to imitate famous brands. . Therefore, for well-known trademarks, broader protection should be given when determining whether the trademarks are similar.
3. It is easy to confuse the relevant public
The relevant public refers to the person identified by the trademark Consumers related to such commodities and other operators closely related to the marketing of the aforementioned commodities.
Confusion occurs when the relevant public believes that the goods identified by two trademarks have a common source, or there is a specific connection in the source, such as a trademark license, Company joint ventures, cooperative operations and other contacts.
Regarding confusion as a component of similar trademarks not only safeguards the legitimate rights and interests of the prior trademark owner, but also reflects the protection of the legitimate rights and interests of consumers. At the same time, it is conducive to maintaining the order of market competition, preventing the behavior of relying on famous brands and free riding, and promoting fair competition.
Through the detailed introduction above, we know that trademark similarity is a concept in trademark law, which refers to the glyph, pronunciation, meaning or graphic composition of two trademarks. , coloring, appearance, or the shape and appearance of its three-dimensional logo, etc. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.
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