Trademark similarity refers to the similarity in the glyphs, pronunciation and meaning of the words of the two trademarks or the composition, coloring and appearance of the graphics, or the overall arrangement and appearance of the combination of the words and graphics, or the similarity in the three-dimensional marks of the two trademarks. The shape and appearance are similar, or the color or color combination is similar, and the use of the same or similar goods or services may easily cause the relevant public to misunderstand the source of the goods or services.

The details are as follows:

1. Word trademarks

(1) The composition of Chinese characters in Chinese trademarks is the same, only the font or design, phonetic notation, and arrangement order are different. It is easy to If it causes the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

(2) If a trademark consists of the same foreign language, letters or numbers, but is only different in font or design, which is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

Except for one of the following circumstances:

1. The trademark consists of one or two foreign letters in non-ordinary fonts, has no meaning and is obviously different in font, making the trademark as a whole The difference is obvious and will not easily cause the relevant public to misunderstand the source of the goods or services.

2. The trademark consists of three or more foreign letters, in different order, with obviously different pronunciation or glyphs, without meaning or with different meanings, making the overall distinction of the trademark obvious and making it difficult for the relevant public to distinguish the goods or services. misidentification of the source.

(3) If a trademark consists of two foreign words, only the order of the words is different, and there is no obvious difference in meaning, which is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

(4) A Chinese trademark consists of three or more Chinese characters, and only a few Chinese characters are different. The trademark as a whole has no meaning or has no obvious difference in meaning, which may easily cause the relevant public to misunderstand the source of the goods or services. , it is determined that they are similar trademarks.

Except if the pronunciation or font shape of the first character is obviously different, or the overall meaning is different, and the overall distinction of the trademark must be obvious, and it is not easy for the relevant public to misunderstand the source of the goods or services.

(5) A foreign-language trademark consists of four or more letters, and only individual letters are different. The overall meaning has no meaning or no obvious difference in meaning, which may easily cause the relevant public to misunderstand the source of the goods or services. , it is determined to be a similar trademark.

Except for cases where the pronunciation and font shape of the initial letters are obviously different, or the overall meaning is different, making the overall distinction of the trademark obvious and making it difficult for the relevant public to misunderstand the source of the goods or services.

(6) If the characters and glyphs of a trademark are similar and may easily cause the relevant public to misunderstand the source of the goods or services, they shall be determined to be similar trademarks.

(7) If the pronunciation of the trademark words is the same or similar, and the glyph or overall appearance is similar, which is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

Except for cases where the meaning, font shape or overall appearance are obviously different, making it difficult for the relevant public to misunderstand the source of the goods or services.

(8) If the words of a trademark have the same or similar meaning and are likely to cause the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks.

(9) If the trademark text is composed of overlapping words, which is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

(10) Foreign language trademarks only undergo changes in form such as singular and plural, gerund, abbreviation, addition of article, comparative or superlative, part of speech, etc., but the meaning of the expression is basically the same, and it is easy for the relevant public to If there is a misunderstanding about the source of the goods or services, the trademarks will be determined to be similar.

(11) If a trademark is the addition of the common name and model of the product to someone else's prior trademark, which may easily cause the relevant public to misunderstand the source of the product or service, it will be determined to be a similar trademark.

(12) If a trademark is added to someone else’s prior trademark with some words indicating the place where the goods are produced, sold or used, which may easily cause the relevant public to misunderstand the source of the goods or services, the judgment shall be determined. are similar trademarks.

(13) A trademark is the addition of words directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods to someone else’s prior trademark, which can easily cause the relevant public to have a negative impression of the goods or products. If the source of the service is misunderstood, it will be determined to be a similar trademark.

(14) A trademark is a modified adjective or adverb added to someone else’s prior trademark, as well as other words with weak distinctiveness in the trademark. The meaning expressed is basically the same, and it is easy to make related If the public misunderstands the source of a product or service, it will be determined to be a similar trademark.

Except for cases where the meaning or overall difference is obvious and it is difficult for the relevant public to misunderstand the source of the goods or services.

(15) If two trademarks or one of them consists of two or more relatively independent parts, the significant parts of which are similar, which may easily cause the relevant public to misunderstand the source of the goods or services, determined to be similar trademarks.

However, exceptions are made where the overall meaning is obviously different and it is difficult for the relevant public to misunderstand the source of the goods or services.

(16) If the trademark completely includes another person’s previously well-known or distinctive word trademark, which is likely to cause the relevant public to think that it belongs to a series of trademarks and misrecognize the source of the goods or services, determined to be similar trademarks.

2. Graphic Trademarks

(1) If the composition and overall appearance of a trademark graphic are similar and may easily cause the relevant public to misunderstand the source of the goods or services, it shall be determined to be a similar trademark.

(2) If the trademark completely includes another person’s previously well-known or distinctive graphic trademark, which is likely to cause the relevant public to believe that it belongs to a series of trademarks and misrecognize the source of the goods or services, the judgment shall be made. are similar trademarks.

3. Combination trademarks

(1) If the Chinese character parts of a trademark are identical or similar, which may easily cause the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks.

(2) If the foreign language, letters, and numbers of a trademark are identical or similar, which may easily cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

Except for cases where the overall name, meaning or appearance are obviously different and will not easily cause the relevant public to misunderstand the source of the goods or services.

(3) If the main meanings of the words in different languages ????of the trademark are the same or basically the same, which may easily cause the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks.

Except for cases where the overall composition, name or appearance are obviously different, making it difficult for the relevant public to misunderstand the source of the goods or services.

(4) If the trademark graphic part is similar and is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

However, because the graphics are common patterns for this product, or mainly serve as decoration or background, the distinctiveness of the trademark is weak. The overall meaning, name, or appearance of the trademark is obviously different, and it is difficult for the relevant public to have a clear understanding of the goods or services. Except for misidentification of the source.

(5) The trademark text and graphics are different, but the arrangement and combination or the overall description of things are basically the same, making the overall appearance or meaning of the trademark similar, and easily causing the relevant public to misunderstand the source of the goods or services. , determined to be similar trademarks.

Baidu Encyclopedia—Trademark similarity