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Identification method of approximate trademark
First, the criteria for judging approximate trademarks-word mark (1) Chinese trademarks are judged as approximate trademarks if their Chinese characters are the same, but their fonts or patterns, phonetic notation and arrangement order are different, which may easily mislead the relevant public about the source of goods or services. (2) Where a trademark consists of the same foreign language, letters or numbers, but the fonts or patterns are different, which may easily mislead the relevant public about the source of the goods or services, it shall be judged as an approximate trademark. Except for one of the following circumstances: 1. Trademarks are composed of one or two foreign letters with unusual fonts, which are meaningless and obviously different fonts, making the overall difference between trademarks obvious, and it is difficult for the relevant public to misunderstand the source of goods or services. 2. A trademark consists of three or more letters in a foreign language, which are obviously different in pronunciation or font, meaningless or different in meaning, which makes the overall difference of the trademark obvious and makes it difficult for the relevant public to misunderstand the source of goods or services. (3) If a trademark consists of two foreign characters, but the word order is different and the meaning is not obviously different, which is likely to mislead the relevant public about the source of goods or services, it shall be judged as an approximate trademark. (4) Chinese trademarks are composed of more than three Chinese characters, only a few Chinese characters are different, and the overall meaning is meaningless or there is no obvious difference, which is easy for the relevant public to misunderstand the source of goods or services and judge them as approximate trademarks. However, the pronunciation or glyph of the first word is obviously different, or the overall meaning is different, which makes the overall difference of trademarks obvious, except that the relevant public is not easy to misunderstand the source of goods or services. (5) A trademark in a foreign language consists of more than four letters, but only a few letters are different, and the whole has no meaning or no obvious difference in meaning, which is likely to mislead the relevant public about the source of goods or services, and is judged as an approximate trademark. However, the pronunciation and font of the first letter are obviously different, or the overall meaning is different, which makes the overall difference of trademarks obvious, and it is difficult for the relevant public to misunderstand the source of goods or services. (6) A trademark is judged to be an approximate trademark if its words and glyphs are similar and it is easy to mislead the relevant public about the source of goods or services. (7) Trademarks with the same or similar pronunciations, similar fonts or overall appearance are judged as similar trademarks, which may easily mislead the relevant public about the source of goods or services. However, there are obvious differences in meaning, font or overall appearance except that the relevant public is not easy to misunderstand the source of goods or services. (8) Where the literal meaning of a trademark is the same or similar, and it is easy for the relevant public to misunderstand the source of a commodity or service, it shall be recognized as a similar trademark. (9) Where the words of a trademark consist of overlapping words, which may easily mislead the relevant public about the source of goods or services, it shall be judged as an approximate trademark. (10) A trademark in a foreign language that only changes in form, such as singular and plural, gerund, abbreviation, article addition, comparative or superlative, part of speech, etc., but expresses basically the same meaning, which easily misleads the relevant public's understanding of the source of goods or services, is judged as an approximate trademark. (eleven) a trademark is a common name and model of a commodity attached to another person's prior trademark, which is easy to make the relevant public interested in the commodity or service.