According to the provisions of the "Trademark Examination Standards" of the State Administration for Industry and Commerce, trademark similarity refers to the similarity in the font, pronunciation, and meaning of the trademark words, the composition, coloring, and appearance of the trademark graphics, or the combination of words and graphics. The overall arrangement and appearance of the three-dimensional trademark are similar, the shape and appearance of the three-dimensional mark of the three-dimensional trademark are similar, the color or color combination of the color trademark is similar, and their use on the same or similar goods or services will easily cause the relevant public to have doubts about the source of the goods or services. Misidentification.

The determination of similar trademarks is similar to the determination of identical trademarks. First, it should be determined whether the designated goods or services belong to the same or similar goods or services; secondly, the shape, sound, meaning and overall expression of the trademark itself should be considered. In terms of form and other aspects, the general attention of the relevant public is used as the standard, and the method of overall observation and comparison of the main parts is adopted to determine whether the trademark mark itself is similar. Specifically, there are three forms of trademark review: review of word trademarks, review of graphic trademarks, and review of combination trademarks.

1. Examination of word trademarks

(1) Chinese trademarks have the same composition of Chinese characters, but only have different fonts, designs, phonetic notation, and arrangement orders, which may easily cause the relevant public to have negative opinions on the goods or services. If the source is misunderstood, it will be determined to be a similar trademark.

(2) If a trademark consists of the same foreign characters, letters or numbers, but is only different in font or design, which is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

Except for one of the following circumstances:

1. The trademark consists of one or two foreign letters in non-ordinary fonts, which have no meaning and have obviously different fonts, making the overall trademark distinctive. It is obvious that it is difficult for the relevant public to misunderstand the source of the goods or services.

2. The trademark consists of three or more foreign letters, in different order, with obviously different pronunciation or glyphs, no meaning or different meanings, making the overall distinction of the trademark obvious and making it difficult for the relevant public to have a negative impression of the goods or services. misidentification of the source.

(3) If a trademark consists of two foreign words, only the order of the words is different, and there is no obvious difference in meaning, which is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

(4) The Chinese trademark consists of three or more Chinese characters, and only some of the Chinese characters are different, and the whole has no meaning or no obvious difference in meaning, which is likely to cause the relevant public to misunderstand the source of the goods or services. , determined to be similar trademarks.

Except for cases where the pronunciation or font shape of the first character is obviously different, or the overall meaning is different, making the trademark distinct as a whole and making it difficult for the relevant public to misunderstand the source of the goods or services.

(5) The foreign language trademark consists of four or more letters, and only individual letters are different, and the whole has no meaning or no obvious difference in meaning, which is likely to cause the relevant public to misunderstand the source of the goods or services. , determined to be similar trademarks.

Except for cases where the pronunciation and font shape of the initial letters are obviously different, or the overall meaning is different, making the overall trademark distinct, and making it difficult for the relevant public to misunderstand the source of the goods or services.

(6) If the characters and shapes of trademarks are similar and may easily cause the relevant public to misunderstand the source of the goods or services, they shall be determined to be similar trademarks.

(7) If the pronunciation of the trademark words is the same or similar, and the glyph or overall appearance is similar, which is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

Except for cases where the meaning, font shape or overall appearance are obviously different, making it difficult for the relevant public to misunderstand the source of the goods or services.

(8) If the words of a trademark have the same or similar meaning and are likely to cause the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks.

(9) If the trademark text consists of overlapping words, which may easily cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

(10) Foreign language trademarks only undergo changes in form such as singular and plural, gerund, abbreviation, addition of article, comparative or superlative, part of speech, etc., but the meaning of the expression is basically the same, which is easy for the relevant public to If there is a misunderstanding about the source of the goods or services, the trademarks will be determined to be similar.

(11) If a trademark is the addition of the common name and model of the product to someone else's prior trademark, which may easily cause the relevant public to misunderstand the source of the product or service, it will be determined to be a similar trademark.

(12) If a trademark is added to someone else’s prior trademark with certain words indicating the place where the goods are produced, sold or used, which may easily cause the relevant public to misunderstand the source of the goods or services, the judgment shall be determined. are similar trademarks.

(13) A trademark is the addition of words that directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods to someone else’s prior trademark, which can easily cause the relevant public to have a negative impression of the goods or products. If the source of the service is misunderstood, it will be determined to be a similar trademark.

(14) A trademark is a modified adjective or adverb added to someone else’s earlier trademark, as well as other words with weak distinctiveness in the trademark. The meaning expressed is basically the same, and it is easy to make related If the public misunderstands the source of a product or service, it will be determined to be a similar trademark.

Except if the meaning or overall difference is obvious and it is difficult for the relevant public to misunderstand the source of the goods or services.

(15) If two trademarks or one of them consists of two or more relatively independent parts, the significant parts of which are similar, which may easily cause the relevant public to misunderstand the source of the goods or services, determined to be similar trademarks.

However, exceptions are made where the overall meaning is clearly different and it is difficult for the relevant public to misunderstand the source of the goods or services.

(16) If the trademark completely includes another person’s previously well-known or distinctive word trademark, which is likely to cause the relevant public to believe that it belongs to a series of trademarks and misidentify the source of the goods or services, determined to be similar trademarks.

2. Examination of graphic trademarks

(1) If the composition and overall appearance of the trademark graphic are similar and may easily cause the relevant public to misunderstand the source of the goods or services, they will be determined to be similar. trademark.

(2) If the trademark completely includes another person’s previously well-known or highly distinctive graphic trademark, which is likely to cause the relevant public to believe that it belongs to a series of trademarks and misrecognize the source of the goods or services, the judgment shall be made. are similar trademarks.

3. Examination of combination trademarks

(1) If the Chinese character part of the trademark is identical or similar, which may easily cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

(2) If the foreign language, letters, and numbers of a trademark are identical or similar, which may easily cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

Except for cases where the overall name, meaning or appearance are obviously different, making it difficult for the relevant public to misunderstand the source of the goods or services.

(3) If the main meanings of the words in different languages ????of the trademark are the same or basically the same, which is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

Except if the overall composition, name or appearance are obviously different and will not easily cause the relevant public to misunderstand the source of the goods or services.

(4) If the trademark graphic part is similar and is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

However, because the graphics are common patterns for this product, or mainly serve as decoration or background, the distinctiveness of the trademark is weak. The overall meaning, name, or appearance of the trademark is obviously different, and it is difficult for the relevant public to have a clear understanding of the goods or services. Except for misidentification of the source.

(5) The trademark text and graphics are different, but the arrangement and combination or the overall description of things are basically the same, making the overall appearance or meaning of the trademark similar, and easily causing the relevant public to misunderstand the source of the goods or services. , determined to be similar trademarks. ?