Current location - Trademark Inquiry Complete Network - Trademark registration - Is it infringing if the trademarks sound the same?
Is it infringing if the trademarks sound the same?
according to the regulations, if the pronunciation of a trademark is similar, but the meaning, font or overall appearance are obviously different, and it is not easy for the relevant public to misunderstand the source of goods or services, it does not constitute an approximate trademark and does not count as infringement. Trademark infringement means that the actor uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner from using his registered trademark and damage the legitimate rights and interests of the trademark owner. Having the following three elements constitutes an infringement: 1) whether the trademarks are similar; Trademark approximation is mainly analyzed from the angles of sound, shape, meaning and composition of trademarks. 2) Whether the goods or services are similar; Similar goods refer to goods that are identical in functions, uses, production departments, sales channels, consumers, etc., or that are generally considered by the relevant public to be related and easily confused. 3) Whether it is easy to cause confusion among the relevant public. Legal basis: Article 57 of the Trademark Law of the People's Republic of China commits any of the following acts, all of which are infringement of the exclusive right to use a registered trademark: (1) using a trademark identical to its registered trademark on the same commodity without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity, or using a trademark identical to or similar to its registered trademark on similar commodities is likely to lead to confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (6) Deliberately providing convenience for the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark; (seven) causing other damage to the exclusive right to use a registered trademark of others. Generally speaking, there must be clear evidence to prove the rights related to trademark infringement, otherwise it will be difficult to succeed in litigation. Generally speaking, as long as you use the same trademark as the registered trademark on the goods without the permission of the trademark registrant, you can judge that it is an infringement.