Standards For Determining Similar Goods In Trademark Disputes Viewed From The Classification Of Goods

The "identity" and "similarity" of goods and "identity" and "similarity" of trademarks are two basic issues in trademark law,and they are two usual problems in trademark disputes.Discussions about the standards for determining similar goods are started from its relationship with Classification List of Trademark Registration-Use Goods and Services mostly,the standards for determining similar goods are still be confused with classification of goods and the "similar goods" being used in The Similar Goods and Services Differentiation Table.Therefore,this essay chooses the Standards for Determining Similar Goods in Trademark Disputes Viewed from the Classification of Goods as subject.This essay consists of three sections:the introduction,the text and the conclusion:Introduction:Focuses on the reasons of writing this essay,how the research is done,the train of thought and the innovations etc.Article 1:Introduces the history of Classification List of Trademark Registration-Use Goods and Services,then forecasts the unification of Classification List of goods according to its condition in most foreign countries,then summarizes the standards for Classification of Trademark Registration-Use Goods and Services.Article 2:Expatiates two different "similar goods" in trademark law, then compares the values of classification of goods and similar goods,then comes to the conclusion that classification of goods could not be the standards for determining similar goods.Article 3:Mainly talks about the similar goods should be determined by the whole condition of cases,combining with similar trademarks and using misidentification of average consumers' normal cognition as precondition and principle.Article 4:Mainly talks about the existing legal and practical problems in determination of similar goods,then suggests several legal solutions.Conclusion:The classification of goods pursues to protect the high efficiency of trademark registration,while the similar goods system seeks to protect the justice of individual.Thus the determination of similar goods should be based on the facts of each case,using misidentification of average consumers' normal cognition as precondition and principle and considering all factors.