Hello, trademark similarity is a concept in trademark law. It refers to the similarity in the glyphs, pronunciations, meanings or composition, coloring and appearance of the characters of two trademarks, or the combination of words and graphics. The overall arrangement and appearance are similar, or the shape and appearance of the three-dimensional mark are similar, or the color or color combination is similar, and their use on the same or similar goods or services is likely to cause the relevant public to misunderstand the source of the goods or services. .

The people's court determined that trademark similarity is based on the following principles:

(1) The general attention of the relevant public is used as the review standard;

(2) Both Comparison of the trademark as a whole should be carried out, as well as comparison of the main parts of the trademark. The comparison should be carried out separately in a state where the comparison objects are isolated.

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

(4) The trademark is used on the corresponding product.

Legal Basis

Articles 9 and 10 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases".

According to the provisions of the "Trademark Examination Standards" of the State Administration for Industry and Commerce, trademark similarity refers to the similarity in the glyphs, pronunciations, and meanings of trademark words, the composition, coloring, and appearance of trademark graphics, or the similarity between text and graphics. The overall arrangement and appearance of the combination are similar, the shape and appearance of the three-dimensional mark of the three-dimensional trademark are similar, the color or color combination of the color trademark is similar, and the use of the same or similar goods or services will easily make the relevant public aware of the source of the goods or services. cause misunderstanding.

The determination of similar trademarks is similar to the determination of identical trademarks. First, it should be determined whether the designated goods or services belong to the same or similar goods or services; secondly, the shape, sound, meaning and overall expression of the trademark itself should be considered. In other aspects, the general attention of the relevant public is used as the standard, and the method of overall observation and comparison of the main parts is adopted to determine whether the trademark mark itself is similar. Specifically, there are three forms of trademark review: review of word trademarks, review of graphic trademarks, and review of combination trademarks.

Word trademarks

(1) Chinese trademarks have the same composition of Chinese characters, but only have different fonts or designs, phonetic notation, and arrangement order, which may easily cause the relevant public to misunderstand the source of the goods or services. , determined to be similar trademarks.

(2) If a trademark consists of the same foreign words, letters or numbers, but is only different in font or design, 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 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, no meaning or different meanings, making the overall distinction of the trademark obvious and making it difficult for the relevant public to have a negative impression of the goods or services. misidentification of the source.

(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) A Chinese trademark consists of three or more Chinese characters, and only a few Chinese characters are different. The trademark as a whole has no meaning or has no obvious difference in meaning, which may easily cause the relevant public to misunderstand the source of the goods or services. , it is determined that they are similar trademarks.

However, this is excepted if the pronunciation or font shape of the first character is obviously different, or the overall meaning is different, and the overall distinction of the trademark must be obvious and it will not be easy for the relevant public to misunderstand the source of the goods or services.

(5) A foreign language trademark consists of four or more letters, and only individual letters are different. 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. , it is determined to be a similar trademark.

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 distinction of the trademark obvious and making it difficult for the relevant public to misunderstand the source of the goods or services.

(6) If the characters and glyphs of a trademark are similar and may easily cause the relevant public to misunderstand the source of the goods or services, they shall 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 the words of a trademark have the same or similar meaning and are likely to cause the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks.

(9) If the trademark text is composed of overlapping words, 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.

(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, and it is easy for the relevant public to If there is a misunderstanding about the source of the goods or services, 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, the judgment shall be determined. are similar trademarks.

(13) A trademark is the addition of words directly indicating 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 products. If the source of the service 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 to make related If the public misunderstands the source of a product or service, it will be determined to be a similar trademark.

Except for cases where 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, the significant parts of which are similar, which may easily cause the relevant public to misunderstand the source of the goods or services, determined to be similar trademarks.

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

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

Graphic Trademarks

(1) If the composition and overall appearance of a trademark graphic 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.

(2) If the trademark completely includes another person’s previously well-known or 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, the judgment shall be made. are similar trademarks.

Combination trademarks

(1) If the Chinese characters of a trademark are identical or similar, which may easily cause the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks.

(2) If the foreign language, letters, and numbers of a trademark are identical or similar, 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 cases where the overall name, meaning or appearance are obviously different and will not easily cause the relevant public to misunderstand the source of the goods or services.

(3) If the main meanings of the words in different languages ????of the trademark are the same or basically the same, which may easily cause the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks.

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

(4) If the trademark graphic part is similar 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.

However, because the graphics are common patterns for this product, or mainly serve as decoration or background, the distinctiveness of the trademark is weak. The overall meaning, name, or appearance of the trademark is obviously different, and it is difficult for the relevant public to have a clear understanding of the goods or services. Except for misidentification of the source.

(5) The trademark text and graphics are different, but the arrangement and combination or the overall description of things are basically the same, making the overall appearance or meaning of the trademark similar, and easily causing the relevant public to misunderstand the source of the goods or services. , determined to be similar trademarks.

Approximation judgment

Trademark similarity refers to the similarity in the glyphs, pronunciations and meanings of trademark words, the similarity in composition, coloring and appearance of trademark graphics, or the overall arrangement and combination of words and graphics. It is similar in appearance and used on the same or similar goods or services, which may easily cause the relevant public to misunderstand the source of the goods or services. In December 2005, the Trademark Examination and Trial Standards jointly formulated and promulgated by the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board made specific provisions on the criteria for judging trademark similarity. Part Three of the "Trademark Examination and Trial Standards" "Examination of Identity and Similarity of Trademarks" stipulates: "To determine whether trademarks are identical or similar, first of all, it should be determined whether the designated goods or services are the same or similar goods or services; secondly, it should be based on the trademark itself. The shape, sound, meaning and overall expression of the trademark shall be based on the general attention of the relevant public as the standard, and the method of overall observation and comparison of the main parts shall be adopted to determine whether the trademark mark itself is the same or similar.”

Article 10 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" (Fa Interpretation [2002] No. 32) stipulates: "The People's Court shall comply with the provisions of Article 52 (1) of the Trademark Law , the identification of trademarks as identical or similar shall be based on the following principles: (1) The general attention of the relevant public shall be used as the standard; (2) The comparison of the trademark as a whole shall be carried out, as well as the comparison of the main parts of the trademark. The comparison objects should be compared separately; (3) To determine whether the trademarks are similar, the distinctiveness and popularity of the registered trademark requested for protection should be considered. ”

Key points for determination

1. , Similar trademarks exist in comparison with registered trademarks. Without a registered trademark, there is no similar trademark targeted in the determination of trademark infringement.

2. A similar trademark is a trademark that is not exactly the same as a registered trademark. If they are exactly the same, they constitute the same trademark as the registered trademark and are no longer similar trademarks.

3. A similar trademark is a trademark that is the same or similar to a registered trademark in shape, pronunciation or meaning. If they are neither identical nor similar, then they are two completely different trademarks, and there is no question of similar trademarks anymore.

4. When judging similar trademarks, the so-called similarity has reached a level that is likely to cause confusion, that is, when the trademark is used on the same or similar goods as the registered trademark, ordinary consumers may not Creates a misconception about the origin of goods. If there is no misunderstanding, it is not a similar trademark.

5. If the applied trademark is in English, the corresponding Chinese meaning must be examined for comparison. If the main English components have corresponding Chinese meanings, the corresponding Chinese meanings have also been registered first. It is a similar trademark,

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