Principles for judging trademark similarity

1. The principles for determining whether trademarks are identical or similar are:

Based on the general attention of the relevant public, both The overall comparison of trademarks must also compare the main parts of the trademarks. The comparison should be conducted separately with the comparison objects isolated. Isolated observation makes a certain part of the mark of a trademark stronger in meaning, while the remaining part becomes an addition to the strong meaning. In this case, ordinary buyers are prone to misunderstanding. Especially when one part of a trademark is not closely related to the rest, isolated observation is often used to determine whether trademark similarity exists.

2. To determine whether the trademarks are similar, the distinctiveness and popularity of the registered trademark requested for protection should be considered. Some well-known trademarks or well-known trademarks have a stronger function of indicating the origin of goods or services because they enjoy higher recognition among the relevant public. Even if additional elements are added to this type of trademark, it will be difficult to change the relevant public’s understanding of its origin because the more well-known parts have a strong role in indicating the origin.

Identification Points

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 the same 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, when the trademark is used on the same or similar goods as the registered trademark, ordinary consumers may not Creates a misconception about the origin of goods. 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 corresponding Chinese meanings, the corresponding Chinese meanings have also been registered first. It is a similar trademark