Defendant and Dilao Hotel argued that: 1. The logos of Defendant and Dilao Hotel are not similar to the trademarks of plaintiff Haidilao Company. Trademark approximation refers to the similarity between two trademarks in font, pinyin, meaning, color, composition or the overall structure of words and graphics, which easily confuses the source of consumers' goods or services. This paper investigates approximate trademarks from three aspects: word mark, graphic trademarks and the combination of sound, form and meaning. According to the complaint, the plaintiff Sea Dungeon Company believes that the defendant and the restaurant are working hard? River bottom fishing? Does this word violate? Haidilao? Exclusive right to use a trademark.

1. Words and trademarks:

Whether words are similar to trademarks should be compared from the aspects of sound, form and meaning. In this case, we think that the pronunciation and shape of Jiang and Hai are different, and the plaintiff thinks that this meaning may be similar. The similarity between ocean and river lies in water, one is salt water and the other is fresh water.

2.* * * The same thing is catering:

In life, not only rivers have water, but also lakes and rivers have water. According to the logic of the plaintiff Sea Dungeon Company, the names of Jiang Hai and Shui infringe the plaintiff's exclusive right to use a trademark. For the so-called river fishing, Haidilao violated the plaintiff's exclusive right to use a trademark. Judging from the services and catering products provided by both parties, the only thing in common is catering. Haidilao hot pot has a high social reputation. Anyone familiar with Haidilao hot pot knows that Haidilao is synonymous with Sichuan cuisine and hot pot. Hedilou Restaurant mainly deals in Hunan cuisine seafood series. We have hot pot. Hot pot is not our main business. We mainly deal in Hunan cuisine. There are great differences in cuisine and service methods between the two. The Tianxin District Court of Changsha held through trial that the plaintiff Haidong Dungeon Company proposed that the defendant and Dilao Hotel use it. River bottom fishing? Identify and approve registration? Haidilao? Similar trademarks.

3. Conduct a comprehensive assessment:

According to the second paragraph of Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes and the first paragraph of Article 52 of the Trademark Law, trademark approximation refers to the fact that the overall structure of the font, pronunciation, meaning, composition, color or combination of elements of a trademark is similar to the plaintiff's registered trademark, or its three-dimensional shape is similar to that of TINT, which is likely to make the relevant public misunderstand the source of goods or think that the source of goods is a commodity with a specific relationship with the plaintiff's registered trademark. Whether trademark words are similar or not generally requires comprehensive identification from three aspects: sound, form and meaning.