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How to identify approximate trademarks

Legal analysis: The criterion of trademark similarity is that if two trademarks have the same characteristics and ordinary buyers can't distinguish them with ordinary attention, they belong to similar trademarks. General buyers include the ultimate consumer middlemen, but not connoisseurs with special interests. If some well-known trademarks or well-known trademarks are highly recognized by the public and have a strong indication function of the source of goods or services, then it is necessary to first determine whether the two trademarks are similar.

Trademark approximation refers to the similarity of the font, pronunciation and meaning of trademark words, the similarity of the composition, coloring and appearance of trademark graphics, or the similarity of the overall arrangement and combination of words and graphics. When used in the same or similar goods or services, it is easy for the relevant public to misunderstand the source of the goods or services.

Legal basis: Trademark approximation in Trademark Examination Standards refers to the similarity of the font, pronunciation and meaning of trademark words, the similarity of the composition, coloring and appearance of trademark graphics, or the similarity of the overall arrangement and combination of words and graphics, the similarity of the shape and appearance of three-dimensional signs of three-dimensional trademarks, and the similarity of the colors or color combinations of color trademarks. When used in the same or similar goods or services, it is easy for the relevant public to misunderstand the source of goods or services.

Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates: "The people's court shall, in accordance with the provisions of Item (1) of Article 52 of the Trademark Law, determine that trademarks are identical or similar according to the following principles: (1) The general attention of the relevant public shall be taken as the standard; (2) It is necessary to compare the whole trademark as well as the main parts of the trademark, and the comparison shall be carried out separately in the state that the comparison objects are isolated; (3) When judging whether a trademark is similar, consideration should be given to requesting protection of the distinctiveness and popularity of a registered trademark. "