Finding a trademark similarity is a plus

The meaning, glyph, and pronunciation are very different and do not belong to similar trademarks.

1. If the text part of the trademark is different but the pronunciation is the same, the glyph is similar and the text has no meaning, which will cause misunderstanding to consumers, it is generally judged to be a similar trademark. Such as:

Duoling and Duoling; Tenyuan and Tenyuan; Crown and Yellow Crown.

If the meaning expressed in the words of the trademark is the same, but only a number of words, adjectives or adverbs are added before and after and in the middle, and the substantive meaning is not changed, it is generally judged to be a similar trademark.

Overlord and Duracell, Big Overlord, Super Overlord; One benefit and two benefits; Clean and clean.

So it's an approxiation.

2 and 3. If other words are added before and after or in the middle of the trademark word, which changes the meaning, and the things referred to are different and indeed have their own things, they are generally not judged to be similar trademarks.

Feiyun and Feiyun Ridge, Feiyun Temple; Heroes and Liangshan heroes, grassland heroes.

So yes.

4. To apply for trademark registration, the category and name of the goods using the trademark shall be filled in in accordance with the commodity classification table published by the State Administration for Industry and Commerce, and the application shall be made by category. Each trademark registration application shall be submitted to the Trademark Office with a copy of the Application for Trademark Registration, 10 copies of the trademark reproduction (10 copies of the coloring pattern shall be submitted for color trademarks of specified colors), and 10 copies of the black and white ink draft.

5. The color of the trademark has a significance that cannot be ignored for the trademark. Color is not a statutory constituent element of a trademark, and generally cannot be used as an independent constituent element of a trademark. However, color is a part of the whole of the trademark, and it is one of the important signs that distinguish a trademark from other kinds of commerce.

If the color of the trademark needs to be changed after registration, it is deemed to have changed the trademark image and must be re-registered. Due to the importance of trademark color to improve the efficiency of advertising, many well-known trademarks are designated with color at the time of registration.

Despise the upstairs, bull head is not a copy of the horse's mouth!

It's better not to be!

Here's an example:"Confucius House"Wine,"Confucian Banquet"The wine is registered;

Different categories, different trademark influences, and different standards;

As long as it is not identical, it is theoretically possible, but the difference between these trademarks depends on the opinion of the examiner;

You can only try, but you can't guarantee it.

Legal Analysis: The use of similar trademarks will infringe. Similar trademarks refer to the comparison of two trademarks, the shape, pronunciation, meaning of the words, or the composition and color of the graphics, or the overall structure of the characters and the graphics, which is easy to confuse consumers about the goods or services.

Legal basis: Trademark Law of the People's Republic of China Article 30 If a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by another person on the same or similar goods, the Trademark Office shall reject the application and shall not publish it.

The Trademark Law of the People's Republic of China stipulates that "δ use a trademark with the same or similar registered trademark on the same or similar goods with the permission of the trademark registrant" is an infringement of the special mark of a registered trademark.

The "trademark identical" in the Trademark Law refers to the visual difference between the alleged infringing trademark and the plaintiff's registered trademark.

The "trademark similarity" referred to in the Trademark Law refers to the similarity of the overall structure of the trademark formed by the combination of the word, pronunciation, meaning or graphic composition and color of the text or the combination of various elements of the trademark between the alleged infringing trademark and the original registered trademark, and the alleged infringing trademark is used at the same time as the original registered trademark, which is easy for the relevant public to have a good understanding of the goods. Misidentification or mistaken belief that the goods of the infringing trademark are the original registered trademarks, and the goods are specifically related.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases stipulates that the principles for determining that trademarks are identical or similar are:

1. Based on the general attention of the relevant public;

2. It is necessary to compare the overall trademark and the main part of the trademark, and the comparison shall be carried out separately in the isolated state of the comparison object;

The determination of the same or similar trademarks shall be carried out in accordance with the following principles:

1. Based on the general attention of the relevant public;

2) It is necessary to conduct a comparison of the trademark as a whole and the main part of the trademark, and the comparison shall be carried out separately in the state of isolation of the objects of comparison;

3) To determine whether the trademarks are similar, consideration shall be given to the distinctiveness and popularity of the registered trademarks for which protection is sought.

Legal basis: Trademark Law

Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, including a commodity trademark, a service trademark, a collective trademark and a certification trademark; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization. For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.

Of course, there is the right to apply for registration, but it is difficult to obtain a trademark registration certificate for this kind of trademark.

If you obtain a trademark registration certificate, you can use it, but the original trademark owner has the right to apply for cancellation of your trademark.

Some non-well-known trademarks can still be registered due to the limitation of the scope of registration. Suppose, if you register a Lenovo hotel, it probably won't be a big problem.

Hello friends, according to the provisions of the Trademark Law, the registration items on the trademark registration certificate shall not be changed at will, but in actual use, everyone is easy to ignore this problem. It is common to say that as long as there is no registration mark, it is possible to make changes or use of the trademark mark that has been approved for use without affecting the identification.

Figure 1 is on your registration certificate, which can be marked with registration marks in actual use; Figure 2 is a modified version of the approved use of the registration mark, which cannot be marked.

Since the original logo will be changed in later use, and the trademark in Figure 1 has been registered, it is recommended that you register the trademark in Figure 2 again for protection.

The first is to use it legally, and the second is to use the evidence identified in Figure 2 when collecting evidence in an infringement case.

Yes, it is not a violation of the Trademark Law.