Research On The Identification Of Similar Goods

According to the provisions of Article 57 of the Trademark Law,the determination that a trademark is similar to a commodity is the most basic factor in judging trademark infringement.The Supreme People's Court also listed the reference factors for the determination of similar commodities in Article 11 of Law [2002] No.32.As a necessary condition for judging the likelihood of confusion,the similar product recognition has a very important significance in the study of the theory of trademark infringement in China.This article is based on the theoretical research and typical case analysis of China's customs and trademarks in recent years,and combing relevant cases and theoretical developments in Europe and America in order to provide substantive suggestions for the development of similar goods theory in China.The first part of this paper gives a detailed introduction to the definition of similar commodities and the legal basis for the identification of similar products.The2010 judicial interpretation of the trademark law changed the rules for judging similar goods in 2002.The determination of whether goods are similar requires consideration of the relevance of goods.Therefore,this article immediately sorts out the relationship between the characterization of commodity relevance and the recognition of similar products,and makes a detailed introduction to the related factors of the 2010 trademark law interpretation.Including the characterization of the relevance of goods and the relationship with the identification of similar products,the interpretation of related products in the judicial practice are introduced one by one.In addition,the judging documents reviewed by the author,in addition to the relevance of the merchandise,will also include trademark strength,trademark similarity,andtrademark subjective intention when judging similar goods in judicial practice,and whether the possibility of confusion exists.Inclusion of similar product recognition considerations.However,in the opinion of Fafa [2011] No.18 of 2011,the court also emphasized that trademark awareness should be considered.Therefore,the author would like to make a detailed analysis of the considerations in judicial practice based on the judgment documents.According to the above summary of similar product certification standards,the author finds that there are currently two deficiencies in the identification of similar products in China.Local courts have controversial understanding of the connotation of related goods,and the meaning and influencing factors of specific contact clauses in the 2002 judicial interpretation of trademark law also need to be clearly explained.In the second part of the article,it mainly introduces the relevant systems of extra-territorial similar goods represented by the United States and the European Union.The first section reviews the history of the United States Lanham Act on the similar recognition of commodities.Related products are the product of broadening the scope of trademark protection from competing products after the United States established the principle of confusion.The 8 elements summarized in the Polar Circuit case of the Second Circuit Court of Appeals describe the considerations of the United States in confusing the possibility of judgment and the important role of related goods in it.The second section discusses the EU's criteria for identifying similar products in the Union.Based on the Canon case,the case of the Canon case and the reasons given by the EU Court of Justice were introduced in detail.The EU confirmed in the case that all factors that may cause confusion should be fully taken into consideration,especially the interdependence between trademarks and the similarities between these goods.Through summing up the conclusions of the European and American logic on the identification of similar commodities,we hope to be able to play a reference role for the clarity of our national standards.At the end of this paper,combined with the previous discussion on the standards for the identification of similar commodities in China,the author proposes two suggestions for the problems existing in China's current identification standards.The first step is to clarify the definition and application of related goods by referring to the United States' related commodity system,and to guide the principle of confusing possibility,comprehensively consider whether all goods are similar considering allreference factors,including related products,in order to improve China's The current standard for similar product recognition.Secondly,in clarifying the degree of association between commodities and the important role of related goods in the identification of similar goods,the connotation and influencing factors of specific contact clauses in the 2002 judicial interpretation of trademark law should be explained,although there are many cases in the court.Some factors have been included in the reference range,but they still need to be clearly stipulated by means of judicial interpretation so as to facilitate understanding and implementation by courts at all levels so as to better protect the well-known trademarks.