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Are similar trademarks considered infringement? What are the criteria for determining similar trademark infringement?

Yes, laws and regulations require that the use of a trademark that is similar to the registered trademark in the same product, or the use of the same or similar trademark in similar products, can easily lead to confusion even if there is infringement liability.

If there is no visual difference between the tested infringing trademark and the plaintiff’s applied trademark, then the trademarks are the same. If the tested infringing trademark is similar to the plaintiff's applied trademark in terms of text pronunciation or structure and color, the trademarks are similar.

Determine whether the trademarks are identical or similar based on the following principles:

(1) Based on the general attention of the relevant public;

(2) It is necessary to conduct a thorough review of the trademarks The overall verification must also verify the key parts of the trademark. The verification must be carried out sequentially under the protection status of the verification target;

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

What is the performance method of trademark registration?

(1) Preemptive registration of unregistered trademarks;

Article 32 of the "Trademark Law of the People's Republic of China": Application for trademark registration shall not damage the existing trademarks of others. Priority rights cannot be registered in advance by unfair means that others have already used and will have a certain impact on the trademark.

(2) Apply for trademark preemptive registration;

Article 31 of the "Trademark Law of the People's Republic of China": Apply for registration of two identical or similar trademarks or Two or more trademark registration applicants shall conduct preliminary approval and public announcement of the application for the earlier trademark on the same or similar goods; if the application is processed on the same day, preliminary review and approval of the use of the earlier trademark shall be carried out and the application shall be rejected and no public announcement shall be made.

(3) Preemptive registration of famous trademarks;

Article 13 of the Trademark Law of the People’s Republic of China: The holder believes that when the trademark rights are well known to the relevant public, When damaged, a well-known trademark may be protected in accordance with the requirements of this Law.

The trademark applied for registration for the same or similar goods is a copy, imitation or translation of other famous trademarks not registered in China. It is easy to confuse and will not be registered or used.

The trademarks applied for registration for different or different products are copies, imitations or translations of other well-known trademarks that have been registered in China, misleading the public. If the interests of the registrant of a well-known trademark may be infringed, it will not be registered or its use will be prohibited.