Can I apply for a similar trademark?

Trademark is something that people talk about every day, and companies choose to register Trademarks to protect their legitimate rights and interests. However, as more and more companies register trademarks, similar trademarks will inevitably occur. Can similar trademarks be registered? Next, the editor of Legal Savior Network will introduce it to you in detail, hoping it will be helpful to you.

Can similar trademarks be applied for

Generally, if a newly designed trademark is similar to a registered trademark, This may cause consumers to misunderstand. If it is similar to a well-known trademark, you may be sued by the well-known trademark owner. Therefore, before applying for a trademark, most people will make a judgment on the similarity of the trademark they designed. However, no similarity was noticed before applying for a registered trademark. It was only after applying that the trademark was found to be similar to other registered trademarks.

In fact, once the trademarks are found to be similar, the two trademarks If there is a conflict, it is easy to cause misunderstanding. Even if the application has been applied, the Trademark Office will generally not pass the review. If the trademark office fails, then the only option is to change the design.

In order to ensure that the test can be successfully passed, it is recommended that trademark rights Before submitting an application, you should make a good judgment on the similarity of trademarks. When judging the similarity of trademarks, you should pay attention to the following identification points:

1. Has a registered trademark. Similar trademarks exist in comparison with registered trademarks. Without a registered trademark, there is no similar trademark targeted in the determination of trademark infringement.

2. It is not exactly the same as the registered trademark. A similar trademark is a trademark that is not exactly the same as a registered trademark. If they are exactly the same, they constitute the same trademark as the registered trademark and are no longer similar trademarks.

3. Similar trademarks and registered trademarks in shape, The pronunciation or meaning is the same or similar. If they are neither identical nor similar, then they are two completely different trademarks, and there is no question of similar trademarks anymore.

4. It will not cause consumers to misunderstand . When judging similar trademarks, the so-called similarity has reached a level that is likely to cause confusion, that is, when the trademark is used on the same or similar goods as the goods for which the registered trademark is approved, ordinary consumers may have a wrong understanding of the source of the goods. If there is no misunderstanding, it is not a similar trademark.

5. The applied trademark is in English and needs to be reviewed. Comparing the corresponding Chinese meanings, if the main English components have corresponding Chinese meanings and the corresponding Chinese meanings have been registered before, it is a similar trademark.

How to determine whether trademarks are similar

To determine whether a trademark is similar, we must first start with the two-character trademark.

Judge whether a trademark is similar mainly based on the shape, sound and meaning of the trademark itself, and two-character trademarks are no exception. Generally speaking, it is divided into the following situations:

1. The first character has the same pronunciation but a different font, and the second character has the same , then these two trademarks will not be judged to be similar under normal circumstances, for example: "Lisheng" and "Lisheng", from the pronunciation point of view, the pronunciation of the two trademarks is the same, but because the significant part of the trademark is in the first One word, so if the font of the first word is very different, the probability of success will be higher.

2. If the first character has the same pronunciation, the font is similar, and the second character is exactly the same, then the two trademarks may be judged to be similar. For example: " "Tongxiang" and "Tongxiang", from a pronunciation point of view, the pronunciation of the two trademarks is exactly the same, and from the appearance point of view, they are similar. Although some agents may say that the meaning of the two trademarks is different, but due to the difference between the two words The fonts are very similar, so the probability of successful application will be relatively small, about 70%.

3. If the first character is the same, the second character has the same pronunciation but a different font, the probability of success is about 60%, for example: The two trademarks "Chuanglong" and "Chuanglong" have the same pronunciation and different fonts. However, since the first character is exactly the same and the second character is in a non-prominent position in the overall trademark, although "Chuanglong" "This trademark application was successful, but there was also an element of luck.

4. If the first character of the trademark is exactly the same, and the second character has the same pronunciation and similar font shape, then there is a 90% chance that the two trademarks will be judged to be similar. For example, "lvyuan" and "green" Yuan", if either party registers the trademark first, the other party has little hope of getting the registration.

5. If a trademark with one word is registered first, for example, the word "中" is registered first, then the following situations will not be registered: "中字", "中特", "Big (small) medium", "Zhongsi", "Zhonger", "winning bid", etc.

6. In the substantive examination of trademarks, function words such as "Si", "er", "er|" and "特" have no actual meaning. The examiner does not It will be considered, for example, "Put-T" and "Pst" will definitely be judged as approximate.

Notes on determining whether a trademark is similar

Examination rules are also different at different times, sometimes loose and sometimes strict. This requires us to flexibly use the relevant knowledge to judge the similarity of trademarks and learn from the successful registration experience of others.

The above is the relevant information compiled for you by the editor of Legal Savior Network The legal content of "similar trademark application". The editor recommends that when registering a trademark, you should follow the original design and not blindly imitate or plagiarize famous trademarks. If your situation is more complicated, the Legal Savior Network provides you with online Lawyer consultation, you are welcome to come for legal consultation.