What is the standard method for determining trademark similarity?

The so-called trademark similarity refers to a type of trademark law that refers to two different trademark words that have similar characteristics in terms of appearance, pronunciation, meaning, constituent elements, and arrangement order, regardless of appearance, shape, or color direction. , a concept that will cause the public to mistakenly think that they are the same mark is called trademark similarity. What is the standard method for determining trademark similarity? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled relevant content. I hope it will be helpful to you.

What is the standard method for determining trademark similarity

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

(2) The trademark consists of the same foreign language, letters or If the number composition is different, only the font or design is different, and it is easy for 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 non-common fonts Made up of foreign letters, which have no meaning and have obviously different fonts, making the trademarkThe overall difference is obvious and it is difficult for the relevant public to misunderstand the source of the goods or services.

2. The trademark consists of three or more The foreign letters are composed of letters in different sequences, have obviously different pronunciations or glyphs, have no meaning or have different meanings, making the overall trademark distinct and difficult for the relevant public to misunderstand the source of the goods or services.

(3) The trademark consists of two foreign words , only the order of words is different, but there is no obvious difference in meaning, and it is easy for the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks.

(4) If a Chinese trademark consists of three or more Chinese characters, and only a few Chinese characters are different, and the overall meaning has no meaning or no obvious difference in meaning, which is likely to cause the relevant public to misunderstand the source of the goods or services, determined to be similar trademarks.

But the pronunciation or glyph of the first character is 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.

(5) Foreign language trademarks consist of four or four If a trademark consists of more than one letter, and only individual letters are different, and the whole has no meaning or no obvious difference in meaning, 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.

But the pronunciation and glyph of the first letter are obviously different, or The overall meaning is notThe exceptions are those that make the overall difference between the trademarks obvious and make it difficult for the relevant public to misunderstand the source of the goods or services.

(6) The trademark text has similar fonts and is easy to use If the relevant public misunderstands the source of the goods or services, it will be determined to be a similar trademark.

(7) The pronunciation of the trademark text is the same or similar, If the fonts or overall appearance are similar and may easily cause the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks.

But the meaning, font or overall appearance are obviously different, Exceptions are made where it is difficult for the relevant public to misunderstand the source of the goods or services.

(8) The meaning of the trademark text is the same or similar, If the relevant public is likely to misunderstand the source of the goods or services, it will be determined to be a similar trademark.

(9) The trademark text consists of overlapping words If the trademark is formed 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.

(10) Foreign language trademarks only occur in form If there are changes in 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 misunderstand the source of the goods or services, it will be determined to be a similar trademark.

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

(12) The trademark is prior to others If a trademark is added with certain 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, it will be determined to be a similar trademark.

(13) A trademark is added to someone else’s prior trademark to directly indicate the quality, main raw materials, Text on functions, uses, weight, quantity and other characteristics that may easily cause the relevant public to misunderstand the source of goods or services shall be determined to be similar trademarks.

(14) A trademark is a modified adjective or adverb added to someone else’s prior trademark, as well as other distinctive features in the trademark. If the less specific words express basically the same 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.

Except if 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) Two trademarks or one of them consists of two or If it consists of two or more relatively independent parts, and the significant parts are similar, which may easily cause the relevant public to misunderstand the source of the goods or services, it will be determined as a similar trademark.

But the overall meaning is differentExceptions are made that are obvious and will not easily cause the relevant public to misunderstand the source of the goods or services.

(16) The trademark completely includes other people’s trademarks If a word trademark with a certain degree of popularity or strong distinctiveness is likely to cause the relevant public to believe that it belongs to a series of trademarks and misunderstand the source of the goods or services, it will be determined to be a similar trademark.

Examination of graphic trademarks

(1) Composition and overall composition of trademark graphics If the appearance 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.

(2) The trademark completely includes the prior trademark of others If a graphic trademark with a certain degree of popularity or strong distinctiveness is likely to cause the relevant public to believe that it belongs to a series of trademarks and misunderstand the source of the goods or services, it will be determined to be a similar trademark.

Examination of combination trademarks

(1) The Chinese characters of the trademark are identical or 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.

(2) Foreign language, letters and numbers of the trademark Same or closeIf the trademark 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.

But the overall call, meaning or appearance are obviously different, Exceptions are made where it is difficult for the relevant public to misunderstand the source of the goods or services.

(3) The main differences between different languages ​​​​in trademarks If the meaning is the same or basically the same 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, the overall composition, call or appearance are obviously different, Exceptions are made where it is difficult for the relevant public to misunderstand the source of the goods or services.

(4) The trademark graphics are partially similar and easy to use If the relevant public misunderstands the source of the goods or services, it will be determined to be a similar trademark.

However, because the graphics are commonly used for this product, or Exceptions are made where the trademark mainly plays a decorative and background role but has weak distinctiveness in the trademark. The overall meaning, name or appearance of the trademark is obviously different, and it is difficult for the relevant public to misunderstand the source of the goods or services.

(5) The trademark text and graphics are different, but If 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, they will be determined to be similar trademarks.

In the actual operation process, it is recommended to seek professional advice and ask the professional lawyers of the Legal Savior Network to handle it, so as to safeguard your own and legal rights and interests to the maximum extent, and protect your interests. Injured. If there is something you don’t understand, you can also find relevant legal provisions to solve it.