Research On Issue Of Determining The Similar Goods And Services In Trademark Law

In the era of rapid development of the commodity economy,numerous goods and services are available for consumers to choose.However,the number of similar goods and services with the same or alternative functions is very large.Consumers need to use trademarks to facilitate confusing goods or services.The trademark law has “similar goods” and “similar services” legal terms in the approval section of the trademark registration and in the section of exclusive right of registered trademarks.It distinguishes the same goods and services to fully protect the legitimate rights of trademark owners and interests of consumers.Similar goods(services)often appear in the same context as the same type of goods(services),emphasizing that trademark registration and infringement will not only occur on the same goods(services)but also may involve similar goods(services).Therefore,trademark administrative and judicial practice inevitably involve the identification of similar goods or services.Regarding the determination of similar goods(services),it is of great value both in the examination of trademark applications and in the infringement of trademarks.Its determination affects the rights and interests of trademark owners or consumers.However,in the administrative and judicial practice,there are still corresponding problems in the standard for the identification of similar goods(services),and it is necessary to further strengthen and improve the standards for its identification.Trademark examination committees and courts all consider if the functions,uses,production departments,sales channels,consumer groups of goods;the purposes,contents,methods,and objects of the services are same or have greater relevance when identifying similar goods or similar services.Moreover,in practice,the recognition of similar goods(services)of administrative agencies and judicial authorities is based on whether goods or services have greater relevance between elements with natural or economic attributes,which is a conclusive reason for similarity.Due to such judgments is full of subjective and the criteria for identification is not clear,the result is not uniform.The reason for the unclear recognition of similar goods(services)is that the “relevance” problem has not been properly handled and resolved,therefore,the “relevance” judgment can be used as thefocus and new starting point for solving similar goods or similar services.In terms of specific treatment,start with the status quo of legislation on the determination of similar goods(services)in trademark law and the status quo of administrative and judicial practice,then analyze the “relevance” judgment problems between goods or services base on the case of domestic classics: lack of reference factors,unclear quantitative standards,unclear public subject matter.Finally,take advantage of the comparative analysis of the rules for identifying similar goods(services)in the U.S.and European Union trademark legal practices to solve the problem in our country.Hoping to supplement the recognition criteria and application of similar goods(services)in the trademark law from the perspective of improving the “relevance”between goods or services,expand the handling of trademark disputes in the administration and judicial practice,and try to provide recommendations to improve and unify the legal and social effects of the recognition of similar goods(services)in trademark law.