The so-called approximate trademark refers to a trademark that is not exactly the same as a registered trademark, but is the same or similar to a registered trademark in shape, pronunciation or meaning. When it is used on the same or similar goods approved by the registered trademark, it is easy for ordinary consumers to have a wrong understanding of the source of the goods.

In the daily trademark approximate judgment, it is still necessary to analyze the specific problems according to the relevant cases. The trademark circle has compiled three principles of approximate identification of trademarks for everyone:

First, the distinctiveness and popularity of trademarks

The distinctiveness and high popularity of trademarks have an indelible impact on the corresponding commodities. Therefore, when the public consumes, it will not have a confusing effect on the goods with strong significance and well-known brands. But from another point of view, once the cited trademark and the comparative trademark are significant and well-known, the public will mistakenly think that there is a business cooperation relationship between them, such as equity participation and licensing, thus confusing the source or function of the goods.

Second, the trademark category of the commodity application

When applying for a trademark, the principle of classified application shall be adopted. Trademarks are always divided into 45 categories. If the same or similar trademarks are applied for registration in different categories, they will generally not cause confusion and misunderstanding among consumers. In fact, it is very common to use the same or similar trademarks on different categories of goods.

Third, the mass stream of consciousness.

Comparing the two judgment methods of appeal, the trademark circle thinks that the third judgment feature is the simplest and most important. Whether the two trademarks are similar or not has a certain blind spot in the definition of trademarks. The most important thing is whether consumers will visually and audibly confuse the relationship between two trademarks and the corresponding goods.

Finally, I remind everyone that to strengthen the awareness of trademark approximate protection, we should not only avoid the risk of trademark infringement, but also protect our own intellectual creation.

Trademark registration of similar trademarks