In trademark disputes, the criterion for determining whether two trademarks are identical or similar depends not only on whether the logos are identical or similar, but also on whether the goods or services are similar.
In the identification of similar goods or services, the first thing to be based on is the "Classification Table of Similar Goods or Services", but the "Classification Table of Similar Goods or Services" is not the only standard, and the attributes of the goods themselves must be considered. , but also based on professional industry reference books, industry standards, dictionaries or general public awareness, sales conditions, etc.
There was a previous case where two trademarks had the same logo, but did not belong to the same category of goods. The first trademark was designated for use on Class 7 hydraulic coupler products, and the second trademark was registered for automobiles and motorcycles. On other products, Trademark 2 is the previously registered trademark. If we simply rely on the "Table of Distinguishing Similar Goods or Services", the goods to which the above trademarks belong should not be identified as identical or similar goods. However, during the litigation stage, the company to which Trademark 2 belongs submitted the patent certificate, web page description, sales evidence, etc. for the company's production of the product. The above evidence shows that hydraulic couplers are essential equipment in automobile transmission systems, and the public has a certain understanding of them, and The company is well-known in the industry and also produces a variety of auto parts. Ultimately, the court determined that the goods covered by the above two trademarks were similar goods.
When reviewing and determining whether related goods or services are similar, one should consider whether the functions, uses, production departments, sales channels, consumer groups, etc. of the goods or services are the same or have a greater relevance. Two trademarks* **Whether it is easy for the relevant public to believe that there is a specific connection between the two.
Although the "Classification Table of Similar Goods or Services" can be used as a reference to judge similar goods or services, goods and services are constantly being updated and changed, and the classification of goods or services sometimes needs to be based on the market and consumer public opinion. Only by making judgments based on various factors such as awareness and professional industry knowledge can we draw the correct conclusion. Ultimately, it comes down to one point: whether goods or services can be distinguished from those owned by different entities, and whether the coexistence of trademarks will cause confusion among consumers.
Although such situations are rare, if you encounter such trademark disputes, you must collect a variety of evidence, such as public understanding, industry regulations, industry patents, sales of trademarks or services, etc. You can use them to protect your own interests to the greatest extent. For friends who are registering trademarks, if the classification of the goods to be registered is not clear, you should still adhere to the principle of protection and prevention and register multiple times to avoid unnecessary disputes about trademarks and goods.