As enterprises’ awareness of intellectual property rights gradually increases, the state’s penalties for intellectual property rights will become increasingly severe. Therefore, how to protect your trademarks has become an issue that requires increasing attention! So how is it legally determined whether a trademark is similar? Bajie Intellectual Property Trademark Transfer Network will analyze it for you below:

1. How to identify similar trademark infringements

"Trademarks are the same" means that the trademark accused of infringement is the same as that of the plaintiff. When compared with a registered trademark, there is basically no visual difference between the two; "trademark similarity" refers to a comparison between the trademark accused of infringement and the original registered trademark. , color, or the overall structure of the trademark formed by the combination of its various elements is similar, or the trademark accused of infringement is similar to the original registered trademark in main body shape or color combination. Using the trademark accused of infringement and the original registered trademark at the same time will easily cause related The public misunderstands the source of the goods or mistakenly believes that the goods with the infringing trademark are the goods with the original registered trademark.

Identification of identical or similar trademarks:

1. Based on the general attention of the relevant public;

2. It is necessary to conduct an overall comparison of the trademarks Yes, it is necessary to compare the main parts of the trademark, and the comparison should be carried out separately with the comparison objects isolated;

3. To determine whether the trademarks are similar, the distinctiveness of the registered trademark requested for protection should be considered and popularity.

2. What are the infringements of trademarks?

Article 52 of the "Trademark Law of the People's Republic of China" stipulates five types of infringement of the exclusive right to register a trademark:

1. Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant. This article can be further divided into four forms of trademark infringement:

(1) The trademark accused of infringement is the same as the registered trademark, and the goods used by the accused trademark are also the goods approved for use by the registered trademark. belong to the same category.

(2) The trademark accused of infringement is the same as the registered trademark, and the goods used by the accused trademark infringed are similar to the goods approved for use by the registered trademark.

(3) The trademark accused of infringement is similar to the registered trademark, and the trademark used by the accused trademark belongs to the same category as the goods approved for use by the registered trademark.

(4) The trademark accused of infringement is similar to the registered trademark, and the goods used in the accused trademark are similar to the goods approved for use by the registered trademark.

2. Selling goods that infringe the exclusive rights of registered trademarks;

3. Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks;

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4. Without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put into the market. This behavior is also called "reverse counterfeiting."

5. Causing other damage to others’ exclusive rights to registered trademarks. Article 1 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" stipulates: The following acts are acts that cause other damage to others' exclusive rights to register trademarks as stipulated in Article 52 (5) of the Trademark Law :

(1) Prominently using words that are identical or similar to others’ registered trademarks as the company’s trade name on the same or similar goods, which may easily cause misunderstandings among the relevant public;

(2) Copying, imitating, or translating a well-known trademark registered by others or using its main part as a trademark on different or dissimilar goods, misleading the public, causing the interests of the registrant of the well-known trademark to be potentially damaged;

(3) Registering words that are the same as or similar to others’ registered trademarks as domain names, and conducting e-commerce transactions of related goods through the domain names, which may easily cause misunderstandings among the relevant public.

Zhejiang Bajie Intellectual Property Trademark Transfer Network is a formal trademark agency registered with the Trademark Office. It has 17 years of professional experience. I hope it can be helpful to you! If you have any questions about trademarks, you can consult us: you can call the 24-hour customer service hotline: or you can log in to Zhejiang to choose your favorite trademark!