A trademark consists of certain words, figures or their combinations. These words, figures or their combinations not only have their original meanings, but also have certain formal meanings. From the appearance, characters themselves are a kind of graphics, especially Chinese characters, and the unique writing method is also a kind of graphics. Even completely different characters, due to the similar writing methods, may also lead to similar appearance. For example, if the words "Jin" and "Quan" are written, they are likely to be similar in appearance. The similarity of design parts is a common phenomenon. For example, wolves and dogs are similar in appearance, and their graphics are easily confused by consumers. Such a group of trademarks are similar in appearance.
Trademarks with similar appearance may have the following situations: (1) The composition is similar, for example, the pattern of one trademark is three circles side by side, while the pattern of another trademark is three ellipses side by side. (2) The colors are similar. For example, if a trademark is a trisection circle with red, green and blue colors, and another trademark is a trisection ellipse with red, green and black colors, with emphasis on red and green, it can be concluded that they are approximate trademarks because of their similar colors. (3) The arrangement method is similar. For example, the five-ring symbol of the Olympic Games is the top three rings and the bottom two rings. If a trademark is the top two rings and the bottom three rings, it should be considered that the two rings are similar in arrangement and become approximate trademarks. (4) Because of the similar writing methods of Chinese characters, such as Quanxing Daqu produced in Sichuan, a kind of Venus Daqu similar to Quanxing trademark appeared in the market. Because of the writing of "Jin" and "Quan", it is difficult for ordinary consumers to distinguish "Quan Xing" from "Jin Xing". (5) Differences in different languages lead to similar appearance of trademarks. Just like a Chinese character, its writing is exactly the same, but its meaning and pronunciation are very different in Chinese and Japanese. Trademarks made of this language are similar in appearance, even identical, but far from each other in meaning.
In addition, some trademarks are made of pinyin, which may be just an English word or very similar to this word. If this English word is also a trademark, then they constitute a trademark with the same or similar appearance. If the actor uses the same or similar trademark which has a certain reputation with others in appearance on different or similar goods or services, it constitutes trademark dilution, whether it is similar in composition, color and arrangement, or in Chinese writing style and language differences. For example, the trademark of Maotai is a well-known trademark in China, and the registered commodity is alcohol. If someone uses the trademark "Maohe" on non-alcoholic goods, it is obvious that "Maotai" and "Maohe" are very similar in appearance and Chinese writing style. Consumers could have bought liquor with the trademark "Maotai". Now, because of the similarity between Maohe and Maotai, consumers may mistake Maohe for Maotai. Consumers who originally bought Moutai may eventually be attracted by other non-alcoholic products of Maohe brand. Obviously, the use of the "Maohe" trademark has damaged the original distinctiveness and identifiability of the "Maotai" trademark, further damaged the goodwill of "Maotai" and constituted a dilution of the "Maotai" trademark.
2. Similar pronunciation
From the appearance, the word mark is a pattern, after all, it has a certain pronunciation. Even words that are not similar in appearance may have similar or even the same pronunciation. For example, "Changhong" and "Cai Hong" are completely different in appearance, but they are similar in pronunciation. If you identify a trademark only by pronunciation, it is likely to mislead consumers. In addition, the pronunciation of some Chinese trademarks may be the same as or similar to that of some English words. When these English words have been registered as trademarks, it is difficult to distinguish them only by pronunciation.
Using a trademark with the same or similar pronunciation as a trademark that others have a certain reputation may constitute trademark dilution even if it is not similar in appearance. For example, the trademark "Aimi" is used in pesticides. When consumers refer to the trademark "Qingdao", it is easy to associate the trademark "Aimi" and the pesticides marked with it because of its similar pronunciation. The "Qingdao" trademark can remind consumers of the sweetness and delicacy of the beer it marks. However, if consumers think of the highly toxic pesticides marked on the trademark "Love Rice" at the same time, they may have a bad feeling, even shake their trust in Qingdao beer, and dilute the distinctiveness and identifiability of Qingdao trademark, thus constituting a dilution of Qingdao trademark and damaging its goodwill.
3. Similar ideas
A trademark consists of certain words, figures or combinations. Generally speaking, these words or numbers have certain meanings and express certain ideas. If another trademark is identical or similar in meaning or concept, it shall also be regarded as the same or similar trademark. For example, one trademark is "Monkey King" and the other is "Monkey King", which may be conceptually confused; One trademark is "Flying Horse" and the other is the figure of galloping horse, which may cause conceptual confusion. Using a trademark that is identical or similar in concept to a trademark that has a certain popularity with others may constitute trademark dilution. For example, there is a well-known trademark composed of the words "sea lion", whose registered use scope is swimsuit, and some people use the specific graphics of sea lion as a trademark on glasses products. Although the word "sea lion" is different from the physical figure of sea lion in appearance, conceptually, the original meaning of the two refers to the same thing. In this way, the use of the trademark with the image of sea lion will inevitably weaken the distinctiveness and identifiability of the trademark with the word "sea lion" and dilute the trademark.