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What are the identification methods of approximate trademark infringement and the identification standards of approximate trademark infringement?
1. What are the identification methods of approximate trademark infringement? Approximate trademark refers to the similarity of the font, pronunciation and meaning of trademark words, the similarity of the composition, coloring and appearance of trademark graphics, or the similarity of the overall arrangement and combination of words and graphics, the similarity of the shape and appearance of the three-dimensional logo of a three-dimensional trademark, and the similarity of the color or color combination of color trademarks. When used in the same or similar goods or services, it is easy for the relevant public to misunderstand the source of goods or services. To determine the identity and similarity of trademarks, we should first determine whether the designated goods or services belong to the same or similar goods or services; Secondly, from the aspects of the shape, sound, meaning and overall expression of the trademark itself, taking the general attention of the relevant public as the standard, and adopting the method of overall observation and comparison of the main parts, we can judge whether the trademark logo itself is the same or similar. There are several ways to judge similar trademarks: 1. Isolation and observation. That is, two or more trademarks are observed at different times and places, and if consumers with common knowledge and experience pay common attention to it when buying, it is easy to be confused, then this trademark is an approximate trademark. 2. Comparative method. If the appearance of the main parts of two trademarks is obviously different and does not cause misunderstanding by consumers, they are non-approximate trademarks, and vice versa. 3. Separation and comparison method. The components of two combined trademarks are compared separately. If the reading, meaning and appearance of the compared parts are similar or not significantly different, they are similar trademarks. Second, the identification criteria of approximate trademark infringement mainly adopt the following criteria: 1. Human standards. That is, the degree of attention of most consumers is taken as the standard. 2, the standard. The judgment of approximate trademarks should be different according to various regional differences. 3, the standard of things. According to the nature and value of goods, the corresponding standards are also different. 4, when the mark is similar to the trademark, the judgment is accurate. When judging whether the trademarks are similar, we should take into account the differences in age and season, and change from time to time.