In addition to the three-month blind inquiry period and the examiner’s judgment, the most important thing for trademark registration is whether it is the same as or similar to other registered trademarks and well-known trademarks. So, how to determine whether the trademarks are identical or similar?

Operation method

1. Methods to identify identical and similar trademarks

①Theme investigation of trademark patterns

Usually, trademark design is not A single, but multi-part design can be divided into major and minor parts. According to the main body of the trademark design, the main part is mainly examined. The main and secondary parts are divided into: (1) Quantity: such as words, etc. , the number of primary parts is greater than the number of secondary parts. (2) Area: In the design area, the larger area is usually the main part, and the smaller area is usually the secondary part. (3) Meaning: The main meaning part of the trademark design is usually the main part of the trademark, and the part expressing the secondary meaning of the trademark design is usually the secondary part. (4) Position: The prominent part of the trademark pattern is usually the main part of the trademark, and the non-protruding part is the secondary part of the edge. The subject mainly focuses on the main part to see whether it is the same as or similar to other trademarks.

②Isolated observation

When judging whether a trademark is similar, the trademark to be compared is isolated. Consumers can rely on their impression of one trademark to judge whether another trademark is similar or identical. . The reason is that when consumers purchase goods, they do not fully remember the logo of the product, but have a vague and general impression.

③Overall observation.

When observing a trademark, you must observe it from the whole body, not just the part. Many trademarks are partially similar, but the entire trademark is not similar. There are also many trademarks that have very little similarity in some parts, but the similarity of the entire trademark is very high.

2. Trademarks of the same and similar types

① Similar appearance

(1) Similar composition: similar trademark pattern; (2) Similarity in color: trademark Use similar colors, highlight the same colors, etc. ; (3) Approximate arrangement method: The things depicted in the trademark pattern are arranged in an approximate manner. ; (4) Similar writing of Chinese characters, such as "square" and "factory"; (5) Similarity in appearance of trademarks caused by different language differences: Just like the same Chinese character, the pronunciation and meaning of Chinese and Japanese are different, but the appearance is very similar .

②The pronunciation is similar.

Chinese characters: such as "huawei" and "huawei" with similar pronunciation. Foreign languages: such as "gan", "drag", etc. in English.

③The concepts are similar.

This involves many things, such as "blue sky" and "blue sky" in English, which mean the same thing. There is another named Sun Wukong, another named Qitian Shengda, referring to the same object, and so on.

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