A Study Of Judging Standards And Methods For Similar Trademarks

Due to the great value of trademarks, infringement of trademarkincreased rapidly in recent years. "The Supreme Court's explanation forapplicable laws to try trademark civil dispute cases" provides three principlesto judge the similar trademarks: [A] Take the general attention of correlativepublic as the standards [B] Make the contrast of whole and main part of thetrademark in the isolation state [C] Consider the significance and popularityof the registered trademark which requesting protect.As to the cognizance of the similar trademarks, we should always hold tothe Three Principles stipulated in "The Supreme Court's explanation forapplicable laws to try trademark civil dispute cases". On the basis of it, applyspecific standards to the different types of trademarks.As to the word mark, traditionally, similarity is judged by comparing themarks in terms of sound, appearance, and meaning. At the same time, theculture, tradition and characteristics would be taken into consideration too.For the figurative mark, usually, the entire appearance, the meanings offigure, the value of products are the main factors in judging the similarmarks. Also, the quantity, area, importance degree, and prominence offeature, are the main factors to judge which features weighs more than others.For combined trademark, we should notice whether the whole vision andimpression caused confusion. Features distinctiveness is the key factor tojudge which feature weighs more than others in a combined mark. If eachfeature lacks distinctiveness, only when all these features or some of them arecombined, then there exists a similar trademark.