Research On Similar Trademark Judgement

Trademarks are used to identity the source of goods and service, relate to the company’s image and reputation. With the rapid development of the world Economic and Social, trademarks become more valuable and importantly. The trademarks are not only related to the huge economic interests of company, but also responsible for the major expectations of consumers, and largely affect healthy development of the economy. Therefore, protecting the reasonable and proper use of the trademark and having trademark playing its own value in economic and social are our common goal. In pursuit of this goal, how to correctly determine the similar is a worldwide problem plaguing almost all countries. Among the existing trademark jurisprudence, there are a lot of such cases that trademark administrative staffs and judges often come to different conclusions even in a same similar mark identified case. Although we can not deny that getting rid of the subjective impact on the identification of similar trademarks is difficult, how to correctly determine similar trademarks is worthy of our study. This is the reason and starting point I write this paper, I expect to find some common thing in identifying similar trademarks on the basis of analysis of a large number of cases. The paper will be divided into seven parts:The first part is the introduction part. In this part, I will raise the question how to correctly determine similar trademarks in administrative and judicial practice through a case. At the same time, I will state the significance of writing the paper, sort out the relevant literature and describe writing ideas of this paper.A theoretical premise of this paper will be accounted in second part which is the relationship between similar trademark and confusion in trademark examination and trademark infringement. This part, I will introduce our current trademark examination and infringement institution and foreign-related legislation, and after that I will elaborate relationship between similar trademark and confusion.The third part is about the subject whose standard is the criteria of similar trademark identification and how to determine this subject. In this part, I will discourse the relevant public and how to determine the relevant public.The forth part is about the standard of similar trademark identification. When we have identified a similar trademark, what conditions it should meet. Subjective standards and objective standards will be discussed in this part. That is the approximation of trademark itself and confusion.The methods of identifying similar trademarks will be discussed in fifth part. This part I will write on way of comparison in isolation and way of overall comparison and the main part comparison. The attention standard when we determine similar trademarks, trademark significance and popularity and the using background of trademarks are also discussed in this part.On the basis of the above writing, the sixth part is about the typification of similar trademarks which could be specific into three categories:Word mark approximation、 graphic trademarks approximation and combination of trademark approximation. All these will be done on cases studies.The seventh part is the conclusion of this paper.