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How to distinguish similar trademarks between Chinese trademarks and foreign trademarks

In this era when the importance of intellectual property rights begins to rise, the public begins to pay attention to the importance of their own corporate trademarks. However, there will be misunderstandings about trademark infringement. Even though they are not similar trademarks, they will always be recognized as such. Trademark infringement, today I will explain how to distinguish similar trademarks between Chinese trademarks and foreign trademarks. Based on the analysis of specific cases, in 2012, the Indian Mascot Valve Company applied for the trademark "MASCOT and Diagram" for Class 6 metal valves, metal drainage traps, metal water pipe valves, compressed gas cylinders and liquid gas reducers. However, the Trademark Office found that the trademark was similar to the "Fushen" trademark of Yongkang Jinding Shengtai Industry and Trade Co., Ltd. on similar products and also to Shen Yihua's registered "Fushen" trademark (referred to as "Citation") on similar products. The registration application of Mascot Valve Company of India on all designated goods was rejected on the grounds that the trademark 2') is similar. The prominent part of the trademark applied for in this case was "MASCOT" in English, which in Chinese means "mascot; God of Fortune". The main reason for rejection was that the Chinese trademark "God of Fortune" already existed in the Trademark Office. The regulations for determining the similarity between foreign language trademarks and Chinese trademarks are: "The main meanings of the words in different languages ????of the trademark are the same or basically the same, which can easily confuse the relevant public about the source of the goods or services, and will be determined to be similar trademarks." It can be seen from this that , when determining the similarity between a foreign language trademark and a Chinese trademark, the judgment will be based on the degree of correspondence between the foreign language and the Chinese language, and the similarity in the overall composition or appearance of the trademark. Moreover, if it is registered in China, domestic consumers will be considered. The main idea is to consider the actual situation with Chinese as the mother tongue.

Referring to the specifics, the English word "MASCOT" is more common and often translated as "mascot". A few minor meanings are "god of good fortune". If the main meaning is understood as "Mascot" will have less relationship with domestic related trademarks and will not cause confusion or misunderstanding among the relevant public. This understanding means that the two can be coexisted on similar products. However, the meaning of foreign language trademarks cannot be determined so simply and mechanically by referring to the meaning in the dictionary. It should be combined with ordinary consumers' general habits and abilities in recognizing English. In most cases, consumers have already formed a fixed understanding, but their foreign language proficiency is still improving. Therefore, when considering whether a foreign language trademark is similar to a Chinese trademark, we must consider the overall similarity of the trademark to the appearance, consider the English proficiency and recognition of ordinary domestic consumers, and finally determine whether there are similarities.