Current location - Trademark Inquiry Complete Network - Trademark inquiry - How to determine whether a trademark is deceptive and likely to misunderstand the public
How to determine whether a trademark is deceptive and likely to misunderstand the public

Trademarks that are deceptive are defined as trademark confusion in the legal profession.

Trademark confusion is a common act of unfair competition, which seriously harms the legitimate rights and interests of other operators and consumers, and disrupts market fairness and order.

Article 5 of my country's "Anti-Unfair Competition Law" provides legal regulation for trademark confusion.

Article 5: Operators shall not use the following unfair means to engage in market transactions and damage Competitors:

1. Counterfeit other people’s registered trademarks;

2. Use the unique names, packaging, and decoration of well-known products without authorization, or use names, packaging, and decorations similar to those of well-known products. Decoration, causing confusion with other people's well-known goods, causing buyers to mistake them for the well-known goods;

3. Using other people's business names or names without authorization, causing people to mistake them for other people's goods;

3. p>

4. Forge or use quality marks such as certification marks and famous quality marks on goods, forge the place of origin, and make misleading and false representations of the quality of goods.

It mainly includes the following forms of expression:

1. Counterfeiting other people’s registered trademarks.

2. Use the unique names, packaging, and decoration of well-known products without authorization, or use names, packaging, and decoration that are similar to those of well-known products, causing confusion with other people's well-known products and causing buyers to mistakenly think that they are the products. Well-known products;

3. Use other people’s business names or names without authorization, leading people to mistake them for other people’s products.