The way to determine whether it is a similar trademark is as follows: 1. Based on the similar glyphs, pronunciations, and meanings of the trademark words, or the composition, coloring, and appearance, it is necessary to compare the trademarks as a whole and Comparison of the main parts of the trademark; 2. Taking the general attention of the relevant public as the standard; 3. Judging based on the distinctiveness and popularity of the registered trademark; 4. Other ways to determine whether it is a similar trademark.
1. How to judge whether a trademark is similar
1. The way to judge whether a trademark is similar is as follows:
(1) According to the glyph, pronunciation and meaning of the trademark text Approximation, or composition, coloring, appearance, requires comparison of the trademark as a whole as well as the main parts of the trademark;
(2) Based on the general attention of the relevant public;
(3) Judgment based on the distinctiveness and popularity of the registered trademark;
(4) Other ways to determine whether it is a similar trademark.
2. Legal basis: Article 10 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases"
The People's Court based on Article 57 of the Trademark Law (1) According to the provisions of Item (2), the determination of trademarks being 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 compare the trademark as a whole and to compare the main parts of the trademark. The comparison should be conducted separately with the comparison objects isolated;
(3) Determine whether the trademarks are similar, The distinctiveness and popularity of a registered trademark should be considered when requesting protection.
2. How to register trademark rights
Registering trademark rights requires the following steps:
1. Select the registration method: you can apply for trademark registration directly or entrust a trademark agent The agency handles it;
2. Check whether the previous trademark is identical or similar before registration;
3. Prepare the information and fill in the trademark registration application form;
4. Submit the application in time and wait patiently;
5. Obtain the "Trademark Registration Certificate" after passing the review and publicity.