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What is the standard of trademark identity or similarity, and how to identify trademark identity or similarity?
in trademark application, one of the most common reasons for trademark rejection is trademark approximation, so how to judge whether a trademark is approximate? Today, Enterprise Profit Xiaobian will tell you about the judgment rules of combination trademark approximation, hoping to help you.

1. What is a combined trademark

A combined trademark refers to a trademark that is composed of any two or more of the six elements of "words, graphics, letters, numbers, three-dimensional signs and colors". For example, KFC's trademark is a combination of letters, graphics and colors.

II. Approximate judgment rules for combined trademarks

For combined trademarks composed of characters, figures, letters, numbers, three-dimensional signs and colors, the Trademark Office usually takes them apart and examines them separately. As long as there is an element that is identical or similar to the elements in other people's trademarks, the combined trademark will be rejected.

Third, the approximate judgment method of combined trademarks

(1) The Chinese characters of trademarks are the same or similar, which easily confuses the relevant public about the source of goods or services, and trademarks will be judged as approximate trademarks.

(2) if the foreign language, letters and numbers of a trademark are identical or similar, which may easily confuse the relevant public about the source of goods or services, the trademark will be judged as an approximate trademark.

however, if the overall meaning and appearance of a trademark are obviously different from those of the previous trademark, and it is not easy for the public to confuse the source of goods or services, the trademark will not be judged as an approximate trademark.

(3) If the main meanings of a trademark in Chinese and other languages are the same or basically the same, which may easily confuse the public with the source of goods or services, the trademark will be judged as an approximate trademark.

(4) If the graphic part of a trademark is similar, which easily confuses the public about the source of goods or services, the trademark will be judged as similar.

(5) if the characters and graphics of a trademark are different, but the arrangement and combination methods or the things described are basically the same, which may easily confuse the public with the source of goods or services, the trademark will be judged as an approximate trademark.

I hope that everyone can fully get the rules of the Trademark Office to determine whether the combined trademarks are similar, so that they can apply what they have learned when designing trademarks in the future, thus improving the success rate of trademark registration!