What are "similar goods",What are the differences between "similar trademarks" and "similar trademarks"?、What are “similar goods” in novelty review,The two concepts of "similar goods" and "similar trademarks" not only affect the review in the trademark registration process、objection、Rejection of review、Controversies and a series of activities,It is also a key concept in determining whether there is infringement or not.。It can be said that,Trademark registration and management in a certain sense,Basically it is solving the exact judgment of these two concepts。
Determine whether it is correct or not,It will directly affect the correctness of trademark authorization and trademark case handling.。Similar goods refer to goods that are produced due to their production process、main raw materials、Or there are some similarities in the functions, uses and sales of the products.。Consumers will assume that they are likely to come from the same source,These products are called similar products to each other。such as ink and ink;towel、Towels, quilts, pillow covers, etc.,The two commodities in each group are similar commodities to each other。
two、The difference between "similar goods" and "similar trademarks" to determine whether the goods are similar,Various factors should also be considered,It is not only necessary to look at the relativity of similar products,Also depends on its variability。The main criteria for judging similar goods mainly consider four points::1、Is the manufacturing department consistent?;2、raw material、Is the quality consistent?;3、Is the sales department consistent?;4、Are the uses consistent?。
Similar trademarks refer to two or more trademarks used on the same or similar goods.,If its "sound"、"shape"、"meaning" is similar,easily confusing to consumers,is a similar trademark。
Such as graphic trademarks that are similar to trademark graphics;Graphic trademarks and text-graphic combination trademarks are similar in graphics;A word trademark and a graphic trademark refer to the same thing;Although the trademark graphics are not similar,However, words with the same pronunciation cannot distinguish the things they refer to.;use different text,but have the same meaning;Logo design ideas and colors are similar,A trademark that is easily confusing when viewed as a whole。Trademarks in the above situations,All are similar trademarks。
in review practice,It is difficult to judge similar trademarks。Analyze complex situations。Generally speaking,In addition to examining the similarity of trademarks and product similarity,,It is also necessary to examine the degree of popularity of similar trademarks among consumers.。For well-known trademarks,Be more strict in judging similar trademarks,This is the need to encourage the creation of famous brands, effectively protect famous brands and safeguard the interests of consumers.,It is also an international practice。
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