What do the same trademarks and similar trademarks mean? How to make a judgment? Let’s take a look at what the editor has brought to you below. What are the same trademarks and similar trademarks? You may be one of them. required.

What are identical trademarks and similar trademarks

1. Identical trademarks refer to trademark elements such as words, numbers, graphics or color combinations that are not identical in pronunciation, vision or meaning. Trademarks with slight or slight differences.

The Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Specific Application of Laws in the Handling of Criminal Cases of Intellectual Property Infringement" (Fa Shi [2004] No. 19) defines "identical trademarks" in Article 8 , refers to a trademark that is exactly the same as the counterfeited registered trademark, or is basically visually indistinguishable from the counterfeited registered trademark and is enough to mislead the public.

2. Similar trademarks refer to trademark elements such as words, numbers, graphics or color combinations that are somewhat different in pronunciation, visual or meaning, arrangement order and overall, but such differences are not the same. A trademark that is large, difficult for the general public to distinguish, and likely to cause confusion.

How to determine whether a trademark is identical or similar

To determine whether a trademark is identical or similar, we must start from the following two aspects:

(1) To approve the registration The trademark shall prevail, rather than the trademark actually used by the trademark registrant;

(2) The judgment shall be based on the general attention of ordinary consumers (rather than the level of trademark management professionals) For subjective standards, a comprehensive judgment is made by combining overall comparison with comparison of significant parts of the trademark.

How to determine similar trademarks for graphic trademarks?

1. If the composition and overall appearance of trademark graphics are similar, which may easily cause the relevant public to misunderstand the source of the goods or services, they will be determined to be similar. trademark.

2. If a trademark completely includes another person’s previously well-known or highly distinctive graphic trademark, which is likely to cause the relevant public to believe that it belongs to a series of trademarks and misrecognize the source of the goods or services, it shall be determined as a trademark. Similar trademarks.

How to determine similar trademarks for word trademarks?

1. The composition of Chinese characters in Chinese trademarks is the same, but only the font or design, phonetic notation, and arrangement order are different, which will easily cause the relevant public to have doubts about the goods or services. If the source is misunderstood, it will be determined to be a similar trademark.

2. If a trademark consists of the same foreign words, letters or numbers, but only has different fonts or designs, which may easily cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

Except for one of the following circumstances:

(1) The trademark consists of one or two foreign letters in non-ordinary fonts, has no meaning and is obviously different in font, making the trademark as a whole The difference is obvious and will not easily cause the relevant public to misunderstand the source of the goods or services.

(2) The trademark consists of three or more foreign letters, in different order, with obviously different pronunciation or glyphs, with no meaning or with different meanings, making the overall distinction of the trademark obvious and making it difficult for the relevant public to distinguish the goods or products. The source of the service may be misidentified.

3. If a trademark consists of two foreign words, only the order of the words is different, and there is no obvious difference in meaning, which is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

4. If a Chinese trademark consists of three or more Chinese characters, only individual Chinese characters are different, and the overall meaning has no meaning or no obvious difference in meaning, which may easily cause the relevant public to misunderstand the source of the goods or services, determined to be similar trademarks.

Except for cases where the pronunciation or font shape of the first character is obviously different, or the overall meaning is different, making the trademark distinct as a whole and making it difficult for the relevant public to misunderstand the source of the goods or services.

5. If a foreign language trademark consists of four or more letters, and only individual letters are different, and the whole has no meaning or no obvious difference in meaning, and is likely to cause the relevant public to misunderstand the source of the goods or services, determined to be similar trademarks.

Except for cases where the pronunciation and font shape of the initial letters are obviously different, or the overall meaning is different, making the overall trademark distinct, and making it difficult for the relevant public to misunderstand the source of the goods or services.

6. If the characters and shapes of trademarks are similar and may easily cause the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks.

7. If the pronunciation of the trademark words is the same or similar, and the glyph or overall appearance is similar, which is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

Except for cases where the meaning, font shape or overall appearance are obviously different, making it difficult for the relevant public to misunderstand the source of the goods or services.

8. If a trademark has the same or similar meaning and is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

9. If the trademark text is composed of overlapping words, which may easily cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

10. Foreign language trademarks only undergo changes in form such as singular and plural, gerund, abbreviation, addition of article, comparative or superlative, part of speech, etc., but the meaning of the expression is basically the same, which is easy for the relevant public to misunderstand. If the source of the goods or services is misunderstood, the trademarks will be determined to be similar.

11. If a trademark is the addition of the common name and model of the product to someone else's prior trademark, which may easily cause the relevant public to misunderstand the source of the product or service, it will be determined to be a similar trademark.

12. If a trademark is added to someone else’s prior trademark with some words indicating the place where the goods are produced, sold or used, which may easily cause the relevant public to misunderstand the source of the goods or services, it will be determined to be similar. trademark.

13. A trademark is the addition of words that directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods to someone else’s prior trademark, which can easily cause the relevant public to have a negative impression of the goods or services. If the source is misunderstood, it will be determined to be a similar trademark.

14. A trademark is a modified adjective or adverb added to someone else’s prior trademark, as well as other words with weak distinctiveness in the trademark. The meaning expressed is basically the same, and it is easy for the relevant public to misunderstand the trademark. If the source of the goods or services is misunderstood, the trademarks will be determined to be similar.

Except if the meaning or overall difference is obvious and it is difficult for the relevant public to misunderstand the source of the goods or services.

15. If two trademarks or one of them consists of two or more relatively independent parts, and the significant parts are similar, which is likely to cause the relevant public to misunderstand the source of the goods or services, it shall be determined as Similar trademarks.

However, exceptions are made where the overall meaning is clearly different and it is difficult for the relevant public to misunderstand the source of the goods or services.

16. If a trademark completely includes another person’s previously well-known or highly distinctive word trademark, which is likely to cause the relevant public to believe that it belongs to a series of trademarks and misrecognize the source of the goods or services, it shall be determined as a trademark. Similar trademarks.

The above is what the editor has provided for you. What are the same trademarks and similar trademarks?, I hope you like it!

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