How To Determine The Similarity Of Goods In The Field Of Trademark Law

The issue that how the similarity of goods should be determined in the field of trademark law is the precondition of whether the related trademarks are indentical or similar. The paper analysis the laws and practice of the similarity of goods in the field of trademark law. it discussed the present situation and laws relating the issue of the similarity of goods in China and other countries in the world.The introduction tells the very function of the issue of the similarity of goods. It introduces 2 classical cases and points out the problem that different standards of the similarity of goods leads in the similar cases lead to different judgment. The raise of the problem will draw forth the issue that the paper discusses.Chapter one states the laws and rules and points out the randomicity and uncertainty in the issue of the similarity of goods in China.Chapter two tells the rules of goods classification set by Nice Agreement and the legal situation of International Classification Table Of Commodities And Services With Registered Trademarks. Besides, it discussed the definition and function of the elements of the issue of how to determine the similarity of goods.Chapter three first make further discussion on how to determine the similarity of goods by analysis of two cases, Canon Kabushiki Kaisha v. Metro-Goldwyn-Mayer Inc. and Assembled Investments (Pty) Ltd v OHIM. Secondly, it makes clear the relation between the issue of how to determine the similarity of goods and the likelihood of trademark confusion. And thirdly, it tells how to determine the similarity of goods when they are complementary.Chapter four, the writer points out the importance to perfect the method of how to determine the similarity of goods. And it make advices on the problems set forth in chapter one that China may use the experience of other countries for reference and make clear definition and practical rules avoid the randomicity and uncertainty on the issue of how to determine the similarity of goods.Chapter five is the epilogue. It makes summary of the whole essay. The author wishes for improving the legislation and juridical practice of trademark laws in China with both mature legislation technology and other science thoeries.