In trademark applications, one of the most common reasons for trademark rejection is that the trademarks are similar. So how to determine whether the trademarks are similar? Today, the editor of Qiying will tell you about the rules for determining the similarity of combined trademarks. Hope it helps everyone.

1. What is a combination trademark?

A combination trademark refers to the use of any two or more of the six elements of "text, graphics, letters, numbers, three-dimensional logos and colors" A trademark composed of elements. For example, KFC's trademark is a combination of letters, graphics and colors.

2. Approximation Determination Rules for Combination Trademarks

For combination trademarks that are composed of words, graphics, letters, numbers, three-dimensional logos and colors, the Trademark Office will usually They were taken apart and reviewed individually. As long as one element is identical or similar to an element in someone else's trademark, the combined trademark will be rejected.

3. Methods for determining similarity of combination trademarks

(1) If the Chinese character part of the trademark is identical or similar, which may easily confuse the relevant public as to the source of the goods or services, the trademark will be judged as Similar trademarks.

(2) If the foreign language, letters, and numbers of a trademark are identical or similar, which may easily confuse the relevant public as to the source of the goods or services, the trademark will be determined to be a similar trademark.

However, if the overall meaning and appearance of the trademark are significantly different from the prior trademark and will not easily confuse the public as to the source of the goods or services, the trademark will not be determined to be a similar trademark.

(3) If the main meaning of a trademark in Chinese and other different languages ??are the same or basically the same, which is likely to confuse the public as to the source of the goods or services, the trademark will be determined to be a similar trademark.

(4) If the trademark graphic part is similar and is likely to confuse the public as to the source of the goods or services, the trademark will be determined to be a similar trademark.

(5) If the trademark text and graphics are different, but the arrangement and combination or the things described are basically the same, which is likely to confuse the public as to the source of the goods or services, the trademark will be determined to be a similar trademark.

I hope everyone can fully understand the Trademark Office’s rules for determining whether combined trademarks are similar, and can apply what they have learned when designing trademarks in the future, thereby increasing the success rate of trademark registration!