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The Trademark Office and the Trademark Review and Adjudication Board’s judgment on cases involving similar goods

In the trial of trademark rejection review, opposition, objection review, dispute, revocation, and revocation review cases, if it involves the determination of whether the goods are similar or not, the "Trademark Trial Standards" will be used as the principle to make individual case determinations. Similar goods refer to goods that are identical or similar in terms of functions, uses, main raw materials, production departments, sales channels, sales places, consumer objects, etc. The determination of similar goods should comprehensively consider the following factors: 1. Functions and uses of the goods If the functions and uses of two goods are the same or similar and can meet the same needs of consumers, they are more likely to be judged as similar goods. . If two goods are complementary in function or use or need to be used together to meet consumer needs, they are more likely to be judged as similar goods. 2. Raw materials and components of goods The raw materials or components of goods are important factors that determine the function and use of the goods. Generally speaking, if the raw materials or ingredients of two goods are the same or similar, they are more likely to be judged as similar goods. However, with the upgrading of goods, even if the raw materials or ingredients of the goods are different, if the raw materials or ingredients are substitutable and do not affect the function and use of the goods, there is still the possibility of being judged as similar goods. 3. Sales channels and sales places of the goods. If the sales channels and sales places of two goods are the same or similar, and there is a greater chance that consumers will come into contact with them at the same time, making it easy for consumers to associate the two, it is possible that they will be judged as similar goods. Greater sex. 4. Goods and Parts Many goods are composed of various parts. However, it cannot be automatically considered that the product and each part or each part are similar goods. The consumer should still consider the close connection between the two. Judgment based on ordinary knowledge of the degree. If the purpose of a specific component is to match the function of a specific product, and the product lacks the specific component, it cannot realize its function or seriously impairs its economic purpose, it is more likely to be determined as a similar product. . 5. Producers and consumers of commodities The greater the possibility that two commodities are produced, manufactured, and processed by producers in the same industry or field, the greater the possibility that they will be judged as similar commodities. If two commodities are consumed by people engaged in the same industry, or their consumer groups have the same characteristics, they are more likely to be judged as similar commodities. 6. The determination of similar goods in consumption habits should also consider the consumption habits formed by Chinese consumers in a specific social and cultural background. If consumers can habitually substitute two goods for each other, the two goods are more likely to be judged as similar goods. 7. Other relevant factors that affect the determination of similar products