Current location - Trademark Inquiry Complete Network - Trademark inquiry - How to identify the scope of protection and similarity of three-dimensional trademarks
How to identify the scope of protection and similarity of three-dimensional trademarks
according to the provisions of article 9 of the interpretation of several issues concerning the application of law in the trial of trademark civil disputes, the trademark approximation stipulated in item (1) of article 57 of the trademark law means that the font, pronunciation, meaning or graphic composition and color of the trademark accused of infringement are similar to those of the plaintiff's registered trademark, or the overall structure after the combination of its elements is similar, or the three-dimensional shape and color combination are similar, which makes it easy for the relevant public to know the source of the goods.

according to article 1 of the interpretation on several issues concerning the application of law in the trial of trademark civil disputes, the people's court, according to article 57 (1) of the trademark law, determines that trademarks are identical or similar according to the following principles: (1) taking the general attention of the relevant public as the standard;

(2) It is necessary to compare both the whole trademark and the main parts of the trademark, and the comparison should be carried out separately in the state of isolation of the comparison objects; (3) When judging whether a trademark is similar, the distinctiveness and popularity of the registered trademark should be considered.