What is the basis for judging trademark similarity?

The basis for judging the similarity of trademarks is: comparing the trademark accused of infringement with the plaintiff's registered trademark, the glyph, pronunciation, meaning of the words or the composition and color of the graphics, or the overall structure of the combination of its elements, or its three-dimensional shape , the color combination is 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. Regarding the question of what is the basis for judging the similarity of trademarks, the editor of Legal Savior Network will answer it in detail for you below.

1. What are the basis for judging the similarity of trademarks

1. Judging the similarity of trademarks The grounds for similarity include: comparing the trademark accused of infringement with the plaintiff's registered trademark, the glyphs, pronunciations, meanings of the characters, or the composition and color of the graphics, or the overall structure of the combination of its elements are similar, or its three-dimensional shape, color The combination is 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.

2. Legal basis: Article 10 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" stipulates that the People's Court shall, in accordance with Article 1 of the Trademark Law According to the provisions of Article 57 (1) (2), the determination of trademarks that are identical or similar shall be based on the following principles:

(1) Based on the general knowledge of the relevant public Attention is the standard;

(2) It is necessary to compare not only the overall trademark, but also the main parts of the trademark. The comparison should be in The comparison objects shall be compared separately;

(3) To determine whether the trademarks are similar, the distinctiveness and popularity of the registered trademark requested for protection shall be considered.

2. What to do if the trademark registration is rejected

Methods for trademark registration being rejected:

1. If the text or graphic part is inconsistent with the prior If a trademark similarity is rejected, the party concerned can delete the similar part and then apply for a registered trademark;

2. If the trademark is rejected because it has not been used for three consecutive years, the party concerned can submit a cancellation application to the Trademark Office for the cited trademark that has not been used for three consecutive years, so as to remove the obstacles to registration and finally obtain the registration of the applied trademark;

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