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What constitutes a similar trademark?

1. The same or similar trademark cannot be used on the same or similar goods or services. Regarding the issue of identical or similar trademarks, the Supreme People's Court elaborated in Article 9 of the "Interpretations on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Trademarks": The so-called trademark similarity means that the trademark accused of infringement is the same as that of the plaintiff. Compared with registered trademarks, the glyphs, pronunciations, meanings of the words or the composition and color of the graphics, or the overall structure of the combination of its elements, or the three-dimensional shape and color combination are similar, which may easily cause the relevant public to misunderstand the source of the goods. Recognize or believe that its source has a specific connection with the goods with the plaintiff’s registered trademark. ?For other information, you can read this law;

2. It is generally okay to use the same or similar trademark on products of different categories. However, if the trademark is the same or similar to someone else’s well-known trademark, it is It cannot be registered and cannot be used; the legal basis is Article 13 of the "Trademark Law";

3. Part of the content is similar to the trademark of similar products. This is the embodiment of your question. Take a look Whether it constitutes similarity and how to specifically judge it is explained in detail in Article 10 of the "Interpretation on Several Issues Concerning the Applicable Law in the Trial of Civil Trademark Dispute Cases": In accordance with the provisions of Article 52 (1) of the Trademark Law, the People's Court, Determining whether trademarks are identical or similar shall be based on the following principles:

(1) Based on the general attention of the relevant public;

(2) It is necessary to conduct an overall comparison of the trademarks, It is also necessary to compare the main parts of the trademark, and the comparison should be conducted separately with the comparison objects isolated;

(3) To determine whether the trademarks are similar, the distinctiveness and significance of the registered trademark requested for protection should be considered. visibility. Of course, there are many principles of judgment in academic theory that can be considered together.