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Different items of the same type of trademark do not constitute similarity. Which trademark law

There is no article in China’s Trademark Law that expressly stipulates that different items of the same type of trademark do not constitute similarity

According to Article 58: Before the trademark registrant applies for trademark registration, others have already registered the same type of trademark. If a trademark that is identical or similar to the registered trademark and has a certain influence has been used on goods or similar goods before the trademark registrant, the owner of the exclusive right to the registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require the user to attach additional Appropriate identification.

The principle of determining similarity under Chinese Trademark Law is based on the general attention of the relevant public. It requires not only a comparison of the trademark as a whole, but also a comparison of the main parts of the trademark. The comparison should be within The comparison objects are conducted separately in a state of isolation; the similarity in judging trademark infringement is not limited to the similarity of the entire trademark, but also includes the similarity of the main parts.

That is to say, the similarity in determining trademark infringement is not limited to the similarity of the entire trademark, but also includes the similarity of the main parts. In the sense of trademark law, the main part of a trademark refers to the trademark constituent elements that are most identifiable as the source of the goods and are easiest for the relevant public to associate them with the goods using the trademark.

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http://www.chinacourt.org/article/detail/2008/12/id/335010.shtml