A combination trademark refers to a trademark that is composed of any two or more of the six elements of "text, graphics, letters, numbers, three-dimensional logos and color combinations". Combination trademarks combine the different characteristics of text trademarks, graphic trademarks, three-dimensional trademarks or color combination trademarks. They are easy to identify and convenient to call names. Therefore, combination trademarks can also be widely used in corporate registered trademarks. So under what circumstances can a combination trademark be protected by trademark law after trademark infringement?

As to whether a combined trademark constitutes trademark infringement, several methods can generally be used to analyze it. Regarding the similarity comparison of the recognized combined trademarks as a whole, there is also a determination of the similarity of the combined trademarks in some elements.

① Combination of overall comparison and partial comparison

The combined trademark and the accused infringing mark should first be compared as a whole. If there is a difference in the overall comparison, the The principle of appropriate element protection involves comparing a certain element in the combined trademark with the alleged infringing mark. A comprehensive judgment is made based on the combination of overall comparison and partial comparison, and the final result is given.

②Whether some of the elements used in the allegedly infringing logo are the main part of the combined trademark

It is a judgment to determine whether some of the elements used in the alleged infringing logo are the main part of the combined trademark. The core issue of the allegedly infringing mark. On the one hand, the appearance of the elements should be analyzed, and based on the overall structure and proportion of the elements in the combined trademark, it should be judged whether the element is more prominent in the overall layout of the combined trademark. Such elements are easier for relevant consumers to pay attention to and identify.

On the other hand, the analysis should be based on the usability of the element. When the right holder’s product packaging, company name and external publicity use the element more, relevant consumers can compare the element with the right holder. There is a relatively stable connection between them, which has the ability to identify the source of goods and services.

③ Whether the alleged infringing mark can cause confusion to the relevant public

Whether the alleged infringing mark can cause confusion to the relevant public involves the popularity of the combined trademark and the identity of the perpetrator of the alleged infringing mark. Usage behavior and subjective intentions, etc. If a combination trademark has gained a certain degree of popularity after long-term development in the market, it is necessary to combine this aspect to judge trademark infringement. Because the combination trademark is well known to consumers, assuming that there are similar trademarks will cause confusion, so it is will constitute trademark infringement.

Combined trademarks have the advantages of being easy to identify and easy to call. When consumers purchase goods, they usually identify the trademark as a whole. Therefore, when determining infringement, segmentation and comparison are generally not allowed, but combinations are not excluded. Special attention will be given to the particularly prominent text or graphic parts of the trademark. Therefore, under normal circumstances, comparison can be carried out according to the above method.