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How to judge whether a trademark with three or four words is similar?
Trademark approximation refers to the similarity of font, pronunciation and meaning of trademark words, the similarity of composition, coloring and appearance of trademark graphics, or the similarity of the overall arrangement and combination of words and graphics. When used on the same or similar goods or services, it is easy for the relevant public to misunderstand the source of the goods or services. From June 5438 to February 2005, the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board jointly formulated and promulgated the Standards for Trademark Examination and Adjudication, which made specific provisions on the criteria for judging trademark similarity. The third part of the Trademark Examination and Trial Standards, "Examination of Trademark Identity and Similarity" stipulates: "To judge trademark identity and similarity, we should first determine whether the goods or services designated for use belong to the same or similar goods or services; Secondly, from the aspects of the shape, sound, meaning and overall expression of the trademark itself, based on the general concern of the relevant public, the method of overall observation and comparison of the main parts is used to judge whether the trademark logo itself is the same or similar. " Article 10 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates: "The people's court shall follow the following principles when determining that trademarks are identical or similar according to the provisions of Item (1) of Article 52 of the Trademark Law: (1) The general concern of the relevant public shall be taken as the standard; (2) It is necessary to compare not only the whole trademark, but also the main parts of the trademark, and they should be compared separately in the isolated state of the comparison objects; (3) When judging whether the trademarks are similar, consideration should be given to requesting protection of the distinctiveness and popularity of registered trademarks. " Legal Basis "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes" Article 10 The people's court shall, in accordance with the provisions of Item (1) of Article 52 of the Trademark Law, identify trademarks as identical or similar according to the following principles: (1) Take the degree of general concern of the relevant public as the standard; (2) It is necessary to compare not only the whole trademark, but also the main parts of the trademark, and they should be compared separately in the isolated state of the comparison objects; (3) When judging whether the trademarks are similar, the distinctiveness and popularity of the registered trademarks should be considered.