1. What is similar trademark infringement?
1. Trademark appearance. That is, the visual images of the words, graphics, or combinations of the two trademarks are observed from the perspective of ordinary consumers to see if they can cause misunderstanding or confusion.
2. Trademark pronunciation. Based on people's hearing, determine whether the two trademarks cause confusion due to similar pronunciation.
3. Trademark meaning. Analyze whether the two trademarks have the same or similar meaning and cause confusion among consumers as to the source of the Goods.
2. Methods for determining infringement of similar goods
Determine the sameness or standards for similar products, which is the key to comparing two products4. Although the National Trademark Office has compiled and issued the "Classification Table of Similar Goods", due to technical reasons it is difficult to solve the problem of whether they are similar in practice. Therefore, the "Classification Table of Similar Goods" and the "International Classification Table of Goods and Services for Trademark Registration" are not The basis for classifying similar goods can only be used as a reference for identifying similar goods. It is the only feasible method in practice to judge based on whether two commodities are similar in terms of functions, uses, raw materials, production companies, consumer objects, sales channels, etc., and whether this similarity may easily cause consumers to misunderstand the origin of the commodities. s Choice.
It should be particularly pointed out that different categories and groups do not mean they are not similar, and specific issues should be analyzed in detail. For example, beverages and mineral water named "XX Mineral Ice" belong to the 32nd category of commodities, while ice bricks, popsicles, etc. belong to the 30th category of commodities. The two do not belong to the same category. However, since the raw materials, uses, sales channels, consumer groups, etc. are basically the same and the production processes are similar, they should be recognized as similar goods. Moreover, the standards for similar goods are constantly developing and changing with the development of the times. Some originally dissimilar goods may become similar due to the emergence of new materials, new processes, new forms, as well as changes in functions, uses, sales channels, etc. commodity. In the case of using a trademark that is the same as or similar to a registered trademark, the functions, uses, raw materials, production companies, consumer objects, and sales channels of the goods approved to be used with the registered trademarkProducts that are similar in other aspects and may easily cause consumers to misunderstand the source of the product are "similar products". To determine whether they are "similar goods", the premise is the relationship between the goods and the relationship between the goods and the trademark.
Goods that have the same functions and uses, and share common consumer targets and sales channels are generally considered similar goods. However, factors such as the raw materials and production companies of the goods, etc., If the source of the goods can be clearly shown and consumers will not be misunderstood, they should not be regarded as similar goods. If there is a specific connection between the goods and services, and the use of the same or similar trademarks will easily make consumers think that the goods or services are provided by the same enterprise, the goods and services should be deemed to be similar.
Trademark infringement is really very harmful to society. If it is not regulated by certain standards, it will not be easy to manage and it will not be beneficial to society. For the development of innovation, we also hope that everyone can protect trademark rights together! If you still don’t understand anything, you can come to the Legal Savior Network for legal consultation.