What constitutes a similar trademark
According to the Supreme People’s Court’s Interpretation of Several Issues Concerning the Application of Law in the Trial of Civil Trademark Disputes 》Article 9 and Article 10, trademark similarity refers to the similarity between the trademark accused of infringement and the plaintiff's registered trademark, the font, pronunciation, meaning of the words or the composition and color of the graphics, or the combination of its elements. The overall structure is similar, or the three-dimensional shape and color combination are similar, which may easily cause the relevant public to misunderstand the source of the goods or think that their sources are specifically related to the goods with the plaintiff's registered trademark. The principles for determining the identity and similarity of trademarks are:
(1) Taking the general attention of the relevant public as the standard, it is necessary to conduct an overall comparison of the trademarks and When comparing the main parts of a trademark, the comparison should be carried out separately with the comparison objects isolated; the similarity in judging trademark infringement is not limited to the similarity of the trademark as a whole, but also includes the similarity of the main parts.
(2) To determine whether a trademark is similar, the distinctiveness and popularity of the registered trademark requested for protection should be considered. The Supreme People's Court ruled on similar trademarks
Similar trademarks
The meaning of similar trademarks means: when comparing two trademarks, The characters have similar glyphs, pronunciations, and meanings.
Similar trademarks refer to two trademarks that are similar in shape, pronunciation, meaning, or the composition and color of graphics, or the overall structure of text and graphics, and are easily Confuse consumers about the source of goods or services. As far as word trademarks are concerned, it generally needs to be examined from three aspects: pronunciation, shape and meaning. Graphic trademarks are mainly based on appearance. Generally speaking, two trademarks can be judged to be similar if they are similar in sound, shape, and meaning. However, they need to be used in combination and analyzed in detail based on the actual weight given to them by the market.
1. Similar trademarks exist in comparison with registered trademarks. Without a registered trademark, there is no similar trademark targeted in the determination of trademark infringement.
2. A similar trademark is a trademark that is not exactly the same as a registered trademark. If it is exactly the same, it constitutes the same trademark as the registered trademark and is no longer a similar trademark.
3. A similar trademark is a trademark that is the same or similar to a registered trademark in shape, pronunciation or meaning. If it is neither the same nor similar, it is two completely different trademarks, and there is no similar trademark. Problem.
4. When judging similar trademarks, the so-called similarity has reached a level that is likely to cause confusion, that is, the trademark is used on goods that are approved for use with the registered trademark. For the same or similar goods, ordinary consumers may have a wrong understanding of the source of the goods. If it does not cause misunderstanding, it is not a similar trademark.
There are still certain regulations for the identification of similar trademarks. Please pay attention to distinguishing between trademarks and similar trademarks. The above are the answers to these questions. I hope it will be helpful to everyone. If you need help in this regard, the Legal Savior Network provides online consultation with lawyers. Services, you are welcome to provide legal consultation.
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