The Judgment Standard Of Similar Goods And Services In Trademark Infringement

On the basis of Trademark Law of the People’s Republic of China (2013 Amendment) [Effective] article 57 in the second paragraph:without the permission of the trademark registrant, use the registered trademark or similar to the behavior of the trademark identical on the same kind of goods or similar goods is an act of infringement of trademark rights. The Interpretation of the Supreme People’s Court Concerning the Application of Laws in the Trial of Cases of Civil Disputes Arising from Trademarks article 11, similar products refers to the group most people in the general case will think there is a certain relationship between the two goods, tends to confuse relationship between the two goods. Regulation on the Implementation of the Trademark Law of the People’s Republic of China (2014 Revision) [Effective] article 76, In order to mislead the public, use the same trademark or similar to others registered trademark as name of commodity or commodity packaging, belong to the goods in the infringement of trademark law. Similar products is the necessary condition to judgment is there a confusion possibility. It has a fundamental position in the trademark law theory and judicial practice. Based on similar products of domestic and foreign theory and judicial case, using the methods of comparative analysis, empirical analysis on our country’s similar products identified problems on comb, found the problem and put forward Suggestions.The first part of the article is to analysis the theoretical of similar goods. First, expounded and analyzed the concept of the similar products. And then comb the relationship between the similar products and confusion possibility. Similar products is the necessary condition to determine confusion possibility. The judgement result of similar products influence the results of trademark infringement indirectly. Second is to explain the principle of similar products. There are two principles to identify similar products.The second part of the article is analysis foreign legislation and theoretical of similar goods. The research is base on The United States and the European Union legislation and theory. The United States use "Related products" principle to identify similar goods. Major members of EU signed the TRIPs agreement and The ec trademark ordinance.The third part is about the analysis of similar products identified problems in our country. Combining on similar products of judicial cases in recent years, author analysis the problems in similar products judgment in our country. There are three problems in similar products judgment.The last part of the article, author gave some advice to similar products judgment hoping to provide help to similar products judgment in our country. Author gave some objective factors of similar products judgment. Author thinks that the key to limit application of discretion is strictly following the principle of similar products judgment.