Determining the criteria for judging the same or similar products is the key to comparing two products.

Although the State Trademark Office has compiled and issued the "Classification Table of Similar Goods", due to technical reasons it is difficult to solve the problem of whether they are similar in practice. Therefore, the "Classification Table of Similar Goods" and "Goods and Products for Trademark Registration" The International Classification of Services is not the basis for classifying similar goods and can only be used as a reference for identifying similar goods. It is the only feasible method in practice to judge based on whether two commodities are similar in terms of functions, uses, raw materials, production companies, consumer objects, sales channels, etc., and whether this similarity may easily cause consumers to misunderstand the origin of the commodities. choice.

It should be particularly pointed out that different categories and groups do not mean dissimilarity, and specific issues should be analyzed in detail. For example, beverages and mineral water named "XX mineral ice" belong to the 32nd category of commodities, while ice bricks, popsicles, etc. belong to the 30th category of commodities, and the two do not belong to the same category. However, because the raw materials, uses, sales channels, consumer groups, etc. are basically the same and the production processes are similar, they should be recognized as similar goods. Moreover, the standards for similar goods are constantly developing and changing with the development of the times. Some originally dissimilar goods may become similar due to the emergence of new materials, new processes, new forms, as well as changes in functions, uses, sales channels, etc. commodity.

In the case of using a trademark that is the same as or similar to a registered trademark, the goods approved for use with the registered trademark are similar in terms of functions, uses, raw materials, production companies, consumer objects, sales channels, etc., which may easily cause consumers to Products where the source of the product is misunderstood are "similar products".

To determine whether they are similar goods, the premise is the relationship between the goods and the relationship between the goods and the trademark. Goods that have the same functions and uses, and have the same consumer targets and sales channels are generally regarded as similar goods. However, the raw materials and production companies of the goods can clearly indicate the source of the goods and will not cause confusion among consumers. If misidentified, they should not be deemed to be similar goods. If there is a specific connection between the goods and services, and the use of the same or similar trademarks will easily make consumers think that the goods or services are provided by the same enterprise, the goods and services should be deemed to be similar.

In addition, the judgment of similar products does not use the quality of the products as a criterion.

The main content of the Trademark Law is to protect the exclusive right to register a trademark. Therefore, when handling trademark infringement cases, the quality of the goods will not affect the determination of trademark infringement. If someone else uses a trademark that is identical or similar to a registered trademark without authorization, even if the quality of their goods is better than that of the owner of the registered trademark, it should be considered a trademark infringement. As for the registered trademark owner’s behavior of inferior quality or even shoddy goods, passing them off as good quality, and deceiving consumers, other provisions of the Product Quality Law and the Trademark Law can be applied, and are not directly related to the determination of trademark infringement.