Whether the same trademark subclass constitutes a similar trademark?

In real life, some companies make their Trademarks very similar to those of their competitors in order to confuse consumers' judgment. This behavior is generally the practice of small businesses. So does the same trademark sub-category constitute a similar trademark? What are the principles for judging similar trademarks? The editor of Legal Savior Network will answer the questions for readers below.

Whether trademark subclasses that are the same constitute similar trademarks

It needs to be analyzed based on the specific trademark situation and cannot be generalized.

The meaning of similar trademarks means: two trademarks are similar Compare, the characters have similar glyphs, pronunciations, meanings, etc.

Trademark similarity means that the trademark accused of infringement is similar to Compared with the plaintiff's registered trademark, the glyphs, pronunciations, meanings of the words, or the composition and color of the graphics, or the overall structure of the combination of its various elements, or the combination of its three-dimensional shapes and colors are similar, which is likely to cause the relevant public to have a negative impression of the goods. The source is misidentified or the source is believed to have a specific connection with the goods for which the plaintiff has registered a trademark. The principles for determining the identity and similarity of trademarks are:

1. Based on the general attention of the relevant public, it is necessary to compare not only the overall trademark, but also the main parts of the trademark. It should be done separately with the comparison objects isolated; the similarity in judging trademark infringement is not limited to the similarity of the entire trademark, 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 applied the above principles for determining trademark similarity when hearing this case.

(1) With the general attention of the relevant public As a standard, the disputed trademark shall be compared as a whole and its main parts. In cases of trademark infringement disputes, to determine whether the alleged infringing trademark is similar to the registered trademark for which the rights are claimed, one should look at the specific circumstances such as the prominence and market popularity of the trademark or its constituent elements, after considering and comparing the glyphs, pronunciations and Based on the meaning, the composition and color of the graphics, or the combination structure of each component, make a comprehensive analysis and judge whether the whole or major parts have the possibility of market confusion. If the whole or major part has the possibility of market confusion, it can be determined to be similar; otherwise, it will not be determined to be similar. In other words, the similarity in judging trademark infringement is not limited to the similarity of the entire trademark, but also includes the similarity of the main parts. In the sense of trademark law, the main part of a trademark refers to the trademark component that is most identifiable as the source of the goods and is easiest for the relevant public to associate it with the goods using the trademark.

(2) When determining that the trademarks are similar, consider the request The distinctiveness and popularity of the protected trademark. The more distinctive and well-known a trademark is, the greater the possibility of confusion and misidentification, and therefore the stronger the protection for it. This is because registered trademarks that are well-known within a specific market are given stronger legal protection commensurate with their well-knownness, which is conducive to motivating winners in market competition, encouraging fair competition, purifying market order, and preventing others from unfair practices. The local area clings to its business reputation, which can effectively promote the orderly and healthy development of the market economy.

Judgment criteria for similar trademarks

Mainly usedTake the following standards:

1, human standard. That is, the level of attention of most consumers is used as the standard.

2, the standard of the earth. The determination of similar trademarks should vary according to various regional differences.

3. The standard of things. The corresponding standards vary depending on the nature and value of the goods.

4. The time mark is similar to the time mark of the trademark. allow. When judging whether trademarks are similar, differences in time, season, etc. should be taken into account and should vary from time to time.

There are several methods to determine similar trademarks:

1. Isolated observation method. That is, two or more trademarks are observed at different times and places. If consumers with ordinary knowledge and experience are prone to confusion when purchasing with ordinary care, such trademarks are similar trademarks.

2, the main part is the comparative method. If the appearance of the main parts of two trademarks is obviously different and does not cause consumers to misunderstand, they are non-similar trademarks; otherwise, they are similar trademarks.

3, separation and comparison method. Compare the components of the two combined trademarks separately. If the pronunciation, meaning, appearance, etc. of the compared parts are similar or have no significant differences, they are similar trademarks.

If readers need legal help, welcome to Legal Saviours.com for legal advice.