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What is the confusion of trademarks?
Trademark confusion overview Trademark confusion and misidentification are the most common and difficult problems in trademark law enforcement, because the confusion and misidentification caused by trademark approximation are usually aimed at some consumers. As far as law enforcement is concerned, the judgment of confusion and misidentification is inevitably subjective. In the stage of trademark application review, the conclusion that applying for a trademark is easily confused with a previously registered trademark is mostly based on one possibility. The presumption of this possibility is based on the basic standards of trademark examination, and combined with many years of professional experience, it simulates the trademark recognition ability of relevant consumers when ordering goods or choosing services. However, due to the differences of examiners' own conditions, the diversity of trademarks and the generality of examination standards, it is difficult to avoid inconsistencies and contradictions in the examination, which will not only affect the authority of the examination organ, but also cause unnecessary losses to the parties. Therefore, it is one of the most important tasks for the trademark authorities to formulate and grasp the examination standards scientifically. Because the level of examination standards is directly related to the interests of enterprises and the order of the market, too high and the examiners are too mechanical in implementing the examination standards, some trademarks that should normally enter the market and play a role will be rejected, resulting in the failure to protect the legitimate rights and interests of the parties in time; If the restriction is too low, it will easily weaken the distinguishing function of trademarks, or some business entities lacking honesty and credit will use the honor of other people's trademarks to obtain improper benefits. The basic type of trademark confusion (1) False confusion is often caused by memory errors. Because the English trademark in the following example has no meaning, the letter combination and visual effect are similar, and the pronunciation is not easy to distinguish, which is easy to confuse consumers because of memory errors; Graphic trademarks with similar main features also belong to this category; (2) Associative confusion Associative confusion means that although two trademarks are different, they are similar in form. Although consumers will not mistake two trademarks for the same trademark, they may mistake them for the same origin. Although the two trademarks in the picture below are different in pronunciation and meaning, they are both combined trademarks of graphics and characters with the Olympic Games as the background. When they are used on the same or similar goods, it is easy for consumers to think that the source of the specified goods is the same, which leads to misunderstanding.