Identification Of Similar Goods In Trademark Law

The concept of similar goods have an independent position in the trademark infringement and trademark authorization,it's a very important concept in the trademark law.But for a long time,there is no provisions of similar goods in the trademark law of China.The provisions of the similar goods are mainly embodied in the judicial interpretation.The judicial interpretation defines similar goods as the same in terms of function,use,production sector,sales channel,consumer object,or the general public generally considers that there is a specific link between the goods,which is likely to cause confusion.Because of the provisions of the similar goods in the judicial interpretation are general,the courts and trademark review and appraisal board apply different standards in the case of trademark infringement and trademark administrative cases.At the same time,for the same concept and elements,they have different understanding.These problems will lead to the identification of similar goods has uncertainty,which affects the identification of trademark infringement and authorization,resulting in resulting in different judgments.At the same time,the trademark law was revised in 2013,the new trademark law include the element of likelihood of confusion when determine trademark infringement.However,from the judicial interpretation of the provisions of similar goods can be seen that the last sentence of the provisions of the use of “or the general public generally believe that there is a specific link,which is likely to cause confusion ”.The identification of similar goods also includes the the element of likelihood of confusion,if the two element of likelihood of confusion have the same meaning,it will lead to the logical problem,that is,the identification of similar goods includes the the element of likelihood of confusion,and whether the goods are similar or not affect the judgment of trademark infringement.This paper will be based on the legislative and judicial issues of similar goods,according to the provisions and the case of similar goods of other countries and have a comparative analysis.This paper will discuss the relationship between simlilar goods,confusion and trademark infringement,in order to provide effective reference for similar goods identification system and improve it.This paper is divided into three parts: introduction,text and conclusion.The text is divided into three chapters.In the first chapter,the author reviews the current situation of the legislation of similar goods in China and summarizes some problems,at the same time,analyzing the cases of trademark infringement and trademark administrative cases which include identification of similar goods by empirical analysis and summarizes the problems of identification of similar goods in the judicial practice.In addition,the author will analyse some typical cases to explain the problems.The second chapter analyzes the rules of similar goods through the comparative analysis method,and analyzes the standards of the identification of similar goods.This chapter will analyse the provisions and the case of similar goods of other countries and have a comparative analysis to solve the problems related to the determination of similar goods of our country.At the same time,this chapter will analyse the relationship between similar goods,confusing and trademark infringement.The third chapter puts forward some suggestions to improve the rules of similar goods.According to the actual situation of our country to determine the relationship between similar goods,confusion and trademark infringement and the standards of similar goods.At the same time,this chapter will improve the relevant elements of the identification of similar goods to strengthen the legal basis of judicial practice.This paper will be based on the legislative and judicial issues of similar goods,according to the provisions and the case of similar goods of other countries and have a comparative analysis,in order to provide effective reference for similar goods identification system and improve it and provide some reference for the specific case trial in judicial practice.