We all know that the function of a trademark is to distinguish different providers of the same goods or services, making it easier for customers to identify and choose. Therefore, the same or similar goods cannot have similar trademarks in the service, otherwise it will easily lead to misunderstandings by customers.
So how should we judge similar trademarks? First, we need to determine whether the specified goods or services are the same or similar goods or services.
From the analysis of the trademark itself, the Trademark Office auditors mainly determine whether it is similar based on the shape, sound, meaning and overall expression of the trademark itself.
Based on the general concern of the relevant public, conduct an overall observation and comparison of the main parts to determine whether the trademark itself is similar, whether it is easy for the relevant public to misunderstand the source of the goods or services, or whether the goods used by the trademark have specific relevance.
There are many forms of trademarks, so when reviewing similar trademarks, separation and screening are required. First of all, the order of arrangement is different from the text trademark, reinforced font or design. It consists of three or more Chinese characters, and only individual characters differ, with no obvious difference in overall meaning or meaning.
Then similar from font type. The trademark text has the same or similar pronunciation, similar font type or overall appearance. Trademark text is made up of overlapping words and words. Add the common name and model number of this product to someone else's trademark. Add some words to other people's trademarks to mark the place of business, sale or use of the goods. Including other people’s trademarks that directly indicate product quality, main raw materials, functions, uses, weight, quantity and other characteristics.
Then there are graphic trademarks. The judgment of graphic trademarks is more subjective than that of word trademarks. Whether graphic trademarks are similar or not depends first on the composition and overall appearance. Those that make people confused will basically not pass. If the trademark is complete, including graphic trademarks that others have a certain degree of popularity or obviousness, then it won't work.
The final combination of trademarks. Combined trademarks are more likely to be judged as similar trademarks. Whether you are similar to others in text or graphics, some questions will be wasted.
In the face of similar trademark review, we do not need to give up. We can change the trademark by changing the words, modifying the graphics, etc., so that we can register it.