The Identification Of Similar Goods Or Services In The Internet Environment

"Internet +" environment,constantly spawned new innovative results,"Internet +industry" makes the traditional service industry intersect with emerging Internet products or services.The Internet,computer software applications,such as "Today's headlines","drop-a-taxi","fishing talent",trademark disputes are increasing.In the context of "Internet+" and the deep integration of economic and social fields,it is very easy to trigger the "similar" of goods or services.The current "Trademark Law"57th,The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Civil Disputes over Trademarks 11th,2002(hereinafter referred to as "the Judicial Interpretation of Trademarks")and Trademark Office and Trademark Review Committee jointly formulated "trademark Review and trial standards",all provide for the content of similar goods and similar services.The difference between the administrative procedure and the judicial procedure in the system design and the value pursuit brings different rules to the similarity,but in reality,the trademark administrative department and the judicial organ have not fully realized the difference,which leads to the logic ambiguity in the judicial practice and the unclear factors,such issues are particularly relevant when it comes to the application of similarity judgments.As one of the indispensable elements in the identification of trademark infringement,the similarity judgment is of great significance to the theory research and judicial practice of trademark law.Through the analysis of the relevant legislation and judicial cases of the similarity cognizance in our country,combined with the research of European and American legislation and related judicial cases,using comparative analysis and inductive summarization,this paper probes into the characteristics of trademark infringement cases in China's Internet environment,and distinguishes between administrative procedure and judicial procedure.Summarize the thought of judicial cognizance of similar goods or services in our country,Clarifying some questions which the status of "Similar Goods or Service Differentiation Table" is unclear,the identification factor of similar goods or services is unknown,the relationship between"confusing" and "similar goods or services" is confused,the standard to determine Computer Products and computer software services is ambiguous and so on.The correct logical structure for determining "confusion "and" similar goods or services "is " A+B +...+ goods/services similar ? confusing possibilities".On the objective factors of similarity identification,based on the comprehensive and comprehensive judgment of articlel 1 of The Judicial Interpretation of Trademark Law,supplemented by subjective factors,and excludes the interference of trademark approximation,reputation and other factors which are parallel to the similarity judgment.