What are the criteria for judging similar trademarks?

How to judge similar Trademarks and what are the judgment criteria? In trademark registration, judging whether two trademarks are similar depends on the three elements of "shape", "sound" and "meaning" and the overall structure of the combination, as well as whether it causes consumers to misunderstand, To judge based on confusion, the editor of Legal Savior Network will share with you the criteria for judging similar trademarks.

What are the criteria for judging similar trademarks

Methods for determining similarity of trademarks

It mainly includes three main methods: separation comparison method, isolation observation method, and key part comparison method. The so-called separation comparison method refers to the use of comparison to compare two different trademarks separately according to their respective parts. If they are mostly similar or have major differences, they are similar trademarks. The so-called isolation observation method sometimes isolates two different trademarks, and distinguishes different trademarks through different times and locations and different consumer experiences. If there are different areas of the audience, the marks are similar to each other if they have the same sensory perception. The so-called comparative method, as the name suggests, is to select the main parts of two different trademarks to see if they can cause public contamination. If the public confuses the main parts of two different trademarks, it is because the two trademarks are similar.

1. One Chinese character and another Chinese character.

Trademarks composed of the same Chinese characters, regardless of the Any font will be considered as closeSimilar trademarks; if they only have the same pronunciation but different glyphs and meanings, ordinary consumers can distinguish them and will not judge them as similar trademarks, such as "shan" and "fan"; if the glyphs and pronunciations are extremely similar, even if the meanings are different are different, it is difficult for consumers to distinguish them intuitively, and they will also be recognized as similar trademarks, such as "fan" and "fan"; although the glyphs of the two trademarks are not similar, they have the same meaning and should be judged as similar trademarks, such as "I" and "I".

2. One Chinese character and two Chinese characters.

Add a modifier before a Chinese character, such as " "Big", "small", "new", "old", "old", "shao", "yao", "gan", etc. should be judged as similar trademarks, such as "handsome" and "dashuai", "shaoshuai" ", "old handsome", "mei" and "little sister", "yaomei", "people" and "new people", "old people", "mom" and "godmother"; but add "jin", " "Silver" and other words, there is currently no conclusion on whether they should be judged as similar trademarks. However, judging from the current review situation, if the prior trademark does represent a real thing, then adding the modifier does not change the meaning of the trademark itself. , should be judged as similar, such as "dragon" and "golden dragon", "fire dragon", "beast" and "beast king". However, if the earlier trademark does not indicate a specific thing, then both trademarks have their own specific meanings and are quite different in terms of glyphs and pronunciation. They should not cause confusion to consumers, so they should not be recognized as Similar trademarks, such as "Bao" and "Bao Chang".

3. Two Chinese characters and two Chinese characters.

The Chinese characters of the two trademarks are exactly the same, but the order is different. , whether arranged left and right, front and back, or up and down, are considered similar trademarks. For example, "Biaomian" and "Mianbiao", "唔唴" and "铔唔"; the pronunciation of the two trademarks is the same, but only one word is the same, and the other word has completely different glyphs and meanings. Generally, they are not regarded as similar trademarks., such as "Ke-Long" and "Kelong", "Chuangke" and "Chuangke"; two trademarks have the same pronunciation, one character is the same, and the other character has a similar glyph. Generally, they will be judged as similar trademarks, such as "Developed" and "Chuangke" "Fa Da"; although different Chinese characters have completely different glyphs, they have the same meaning. When they are paired with the same Chinese characters, they form an approximation, such as "一佳" and "一佳".

In short, determine whether the two trademarks constitute the most similar The main thing is to see whether the "shape", "sound" and "meaning" of the trademark are similar and whether it will cause misunderstanding and confusion among consumers.

The above is what the editor of Hualu compiled for you Regarding knowledge, if you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly entrust a Legal Savior Network lawyer to help you get out of your legal dilemma.