A Study Of Judging Standards For Similar Trademarks

A trademark to identify the source of goods or services, is a mark of corporate identity and credit which have tremendous value. Because of this, infringement of trademark increased rapidly in recent years. This behavior not only harm the legitimate interests of trademarks, but also deceive the consumers.For this reason, courts and approximate business administration authorities for trademark infringement and trademark opposition case legal, accurate processing is extremely urgent and important. This is primarily concerned with similar trademark judgment. Similar trademark is that the trademark used by the latter trademark owner likes the one used by the earlier trademark owner, and that this trademark is used on the same or similar commodity or service, so that the customers may be confused.This article addresses the case method on the approximation of the definition of trade mark griteria is now fully detailed analysis and research. For the determination of the similar trademark, we should always hold to the principles stipulated in"The Supreme Court's explanation for applicable laws to try trademark civil dispute case"On the basis of it,apply specific standards to the different types of trademarks.For combination marks, bearing in mind that the overall vision of trade marks and the impression it is confusion at the same time, in the light of the significance of each part of the judge as an essential part of the mark, a trademark if the combination of the parts are not photocatalystic characteristics, are grouped or some combination of can only be deemed to be similar. In the approximation under the guidance of the principles of trademark recognition, combined with details of the case, considering the trade mark right holders, consumer interest in safeguarding the legitimate competition in the market to determine whether the trade mark under the premise of this article constitutes a similar case analysis method. This method involves the use of trade mark significance, theories of balance of interests. We analyzed in this article, and on the analysis of the relevant public, the general attention and other important concepts. These concepts are similar to the mark for the judge plays a very important role.Crocodile trademark disputes in recent years the more typical of trademark disputes. The marks are in China has a relatively high-profile brands. Although, both include crocodile graphics, but it is difficult to separate graphics is a consumer to distinguish the difference between the two. However, Singapore crocodile trademark in text combinations in a prominent position should be enough to cause the consumer's attention. In this case, the consumer should be able to recognize two trademarks. At the same time, Singapore crocodile trademarks in China long term use and long term greater market share. Considering the interests of trademark rights and interests of consumers, competitors, should not be identified both approximate.