1. Criteria for Judgment of Similar Trademarks - Word Trademarks (1) Chinese trademarks have the same composition of Chinese characters, but only have different fonts or designs, phonetic notation, and arrangement order, which may easily cause the relevant public to misunderstand the source of the goods or services. If the trademark is recognized, it will be determined to be a similar trademark. (2) If a trademark consists of the same foreign language, letters or numbers, but is only different in font or design, which is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark. Except for one of the following circumstances: 1. The trademark consists of one or two foreign letters in non-ordinary fonts, which have no meaning and have obviously different fonts, making the overall trademark distinct and making it difficult for the relevant public to know the source of the goods or services. causing misunderstanding. 2. The trademark consists of three or more foreign letters, in different order, with obviously different pronunciation or glyphs, with no meaning or with different meanings, making the overall distinction of the trademark obvious and making it difficult for the relevant public to misunderstand the source of the goods or services. (3) If a trademark consists of two foreign words, only the order of the words is different, and there is no obvious difference in meaning, and it is easy for the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark. (4) A Chinese trademark consists of three or more Chinese characters, and only a few Chinese characters are different. The whole has no meaning or no obvious difference in meaning, which may easily cause the relevant public to misunderstand the source of the goods or services, and is determined to be a similar trademark. However, this is except for cases where the pronunciation or font shape of the first character is obviously different, or the overall meaning is different, making the overall distinction of the trademark obvious and making it difficult for the relevant public to misunderstand the source of the goods or services. (5) If a foreign language trademark consists of four or more letters, and only individual letters are different, and the whole has no meaning or no obvious difference in meaning, and is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark. However, this is excepted if the pronunciation and font shape of the initial letters are obviously different, or the overall meaning is different, making the overall distinction of the trademark obvious and making it difficult for the relevant public to misunderstand the source of the goods or services. (6) If the characters and shapes of trademarks are similar and may easily cause the relevant public to misunderstand the source of the goods or services, they shall be determined to be similar trademarks. (7) If the pronunciation of the trademark characters is the same or similar, and the font shape or overall appearance is similar, which is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark. However, this is excepted if the meaning, font shape or overall appearance is obviously different and will not easily cause the relevant public to misunderstand the source of the goods or services. (8) If a trademark has the same or similar meaning and is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark. (9) If the trademark text is composed of overlapping words, which may easily cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark. (10) Foreign language trademarks only undergo changes in form such as singular and plural, gerund, abbreviation, addition of article, comparative or superlative, part of speech, etc., but the meaning of the expression is basically the same, which may easily cause the relevant public to have doubts about the source of the goods or services. If misidentified, it will be determined to be a similar trademark. (11) If a trademark is the addition of the common name and model of the product to someone else's prior trademark, which may easily cause the relevant public to misunderstand the source of the product or service, it will be determined to be a similar trademark. (12) If a trademark is added to someone else's prior trademark with some words indicating the place of production, sale or use of the goods, which is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark. (13) A trademark is the addition of words directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods to someone else's prior trademark, which may easily cause the relevant public to misunderstand the source of the goods or services. , determined to be similar trademarks. (14) A trademark is the addition of modifying adjectives or adverbs and other words with weak distinctiveness in the trademark to someone else's prior trademark. The meaning expressed is basically the same, which can easily make the relevant public aware of the source of the goods or services. In case of misunderstanding, the trademarks will be determined to be similar. However, this is excepted if the meaning or overall difference is obvious and it is difficult for the relevant public to misunderstand the source of the goods or services. (15) If two trademarks or one of them consists of two or more relatively independent parts, and the significant parts are similar, which may easily cause the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks. However, exceptions are made where the overall meaning is clearly different and it is difficult for the relevant public to misunderstand the source of the goods or services. (16) If a trademark completely includes another person’s previously well-known or distinctive word trademark, which may easily cause the relevant public to think it belongs to a series of trademarks and misrecognize the source of the goods or services, it will be determined to be a similar trademark.
2. Criteria for Judgment of Similar Trademarks - Graphic Trademarks (1) If the composition and overall appearance of the trademark graphics are similar, which is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark. (2) If a trademark completely includes another person’s previously well-known or highly distinctive graphic trademark, which is likely to cause the relevant public to believe that it belongs to a series of trademarks and misrecognize the source of the goods or services, it will be determined to be a similar trademark. 3. Criteria for Judgment of Similar Trademarks - Combination Trademarks (1) If the Chinese characters of a trademark are identical or similar, which may easily cause the relevant public to misunderstand the source of the goods or services, they shall be judged to be similar trademarks. (2) If the foreign language, letters, and numbers of a trademark are identical or similar, which may easily cause the relevant public to misunderstand the source of the goods or services, the trademark will be determined to be a similar trademark. However, this is excepted if the overall name, meaning or appearance is obviously different and will not easily cause the relevant public to misunderstand the source of the goods or services. (3) If the main meanings of words in different languages ????of a trademark are the same or basically the same, and it is easy for the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks. However, this is excepted if the overall composition, name or appearance are obviously different and will not easily cause the relevant public to misunderstand the source of the goods or services. (4) If the trademark graphics are partially similar and may easily cause the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks. However, exceptions are made where the distinctiveness of the trademark is weak because the graphic is a commonly used pattern for the product, or mainly serves as decoration or background, and the overall meaning, name or appearance of the trademark is obvious, and it is difficult for the relevant public to misunderstand the source of the product or service. . (5) If the trademark words and graphics are different, but the arrangement and combination or the overall description of things are basically the same, making the overall appearance or meaning of the trademark similar, and easily causing the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks. 1. Similar trademarks exist in comparison with registered trademarks. Without a registered trademark, there is no similar trademark targeted in the determination of trademark infringement. 2. A similar trademark is a trademark that is not exactly the same as a registered trademark. If they are exactly the same, they constitute the same trademark as the registered trademark and are no longer similar trademarks. 3. A similar trademark is a trademark that is identical or similar to a registered trademark in shape, pronunciation or meaning. If they are neither identical nor similar, then they are two completely different trademarks, and there is no question of similar trademarks anymore. 4. When judging similar trademarks, the so-called similarity has reached a level that is likely to cause confusion, that is, the trademark is used on the same or similar goods as the goods for which the registered trademark is approved, and ordinary consumers may make mistakes about the source of the goods. know. If there is no misunderstanding, it is not a similar trademark. 5. If the applied trademark is in English, the corresponding Chinese meaning must be examined for comparison. If the main English components have a corresponding Chinese meaning and the corresponding Chinese meaning has been registered before, it is a similar trademark. p>