How to determine whether the trademarks in trademark infringement disputes are the same

Similar goods are a dynamic category. As the judicial identification of well-known Trademarks becomes increasingly strict, for well-known brands with high trademark visibility and distinctiveness, the court can take the initiative to determine the case based on the facts of the case, based on the relevance of the goods and the insistence on avoiding confusion. determine the scope of similar goods. Regarding the question of how to determine that the trademarks in trademark infringement disputes are identical, the editor of Legal Savior Network will give you a detailed answer below.

1. How to determine whether the trademarks in trademark infringement disputes are the same

1. Trademark appearance. That is, the visual images of the words, graphics, or combinations of the two trademarks are observed from the perspective of ordinary consumers to see if they can cause misunderstanding or confusion.

2. Trademark pronunciation. Based on people's hearing, determine whether the two trademarks cause confusion due to similar pronunciation.

3. The meaning of the trademark. Analyze whether the two trademarks have the same or similar meaning and cause confusion among consumers as to the source of the goods.

4. Legal basis:

"Trademark Law of the People's Republic of China" Article 57 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant:

(2) Without the permission of the trademark registrant, using a trademark that is similar to its registered trademark on the same kind of goods, or using a trademark that is the same or similar to its registered trademark on similar goods can easily lead to Confusing:

(3) Selling goods that infringe the exclusive rights of registered trademarks:

(4) Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks:

(5) Without the consent of the trademark registrant, Change its registrationTrademark and put the goods with the replaced trademark into the market:

(6) Deliberately provide facilities for infringement of other people's exclusive rights to trademarks and help others to infringe trademarks Acts of exclusive rights:

(7) Causing other damage to others’ exclusive rights to registered trademarks.

2. Is using the same trademark but different products considered infringement?

If you say the same trademark, it means the same in different industries If a trademark is successfully registered in different categories, is it an infringement? This situation is not an infringement, because the trademark classification table divides trademarks into 45 major categories, and each category is independent of each other. In which category the trademark belongs? Those products that are successfully registered can only be used on specific products in that category, and have exclusive trademark rights in that category, so that they are protected by law.

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