Identical trademarks mainly refer to two trademarks whose words, graphics, or combination of words and graphics are the same or visually indistinguishable. Similar trademarks mainly refer to two trademarks that are similar in terms of their glyphs, pronunciation and meaning, or the composition and color of graphics, or the overall structure of text and graphics, which can easily confuse consumers about the source of goods or services. So, how to determine the similarity of trademarks? Bud
The "Opinions on Several Issues in the Administrative Enforcement of Trademarks" issued by my country's trademark administration department points out:? Judgment of identical or similar trademarks:
(1) Based on the approved registered trademark shall prevail, rather than the trademark actually used by the trademark registrant; (2) Use the general attention of ordinary consumers as the subjective standard of judgment, and adopt a method that combines overall comparison with comparison of the salient parts of the trademark to make a comprehensive judgment. ?
Specifically, the following criteria can be considered to determine whether trademarks are identical or similar:
(1) The human standard means that judging whether trademarks are identical or similar requires the attention of ordinary people. Standards, attention exerted by experts or persons of particularly low intelligence cannot be the standard of judgment. Even ordinary people consider the specific target audience for which the product is sold. For example, whether a trademark used on women's products is identical or similar should be based on the attention of ordinary women when purchasing the product;
(2) Local standards such as an English trademark, in English Countries may not be considered the same or similar, but in non-English-speaking countries, they may be considered the same or similar;
(3) Standards of goods Generally speaking, the degree of attention consumers pay when purchasing goods is the same as The value of the purchased goods is directly proportional. The greater the value of the goods, the more attention consumers will pay; conversely, the smaller the value of the goods, the less attention consumers may pay;
( 4) Time standards Generally speaking, consumers’ cognitive abilities tend to change over time. As their knowledge increases, their identification abilities will become stronger and stronger. Even in a relatively stable period, consumers’ identification abilities will also change over time. May vary from time to time. For example, when shopping on weekends, consumers may pay more attention because they have more time. However, before going to work and before trains, planes, and ships are about to depart, their attention will naturally be weaker than normal.