Research On The Rules Of The Similarity Of Goods In Trademark Law

According to the provisions of Article52of the Trademark Law of P.R.C.,without the permission of the registered trademark, using their trademark identical orsimilar to a registered trademark of conduct on the same kind of goods or similargoods is a violation act of trademark rights. But how to identify similar goods andservices has been a major problem in the People’s Court trademark cases, in theapproval of the judges faced a registered trademark of the program, in many cases,whether the commodity composition similar disputes controversy about the finalresult. Based on this situation, the author collected a large number of cases, usedvarious legal documents in court and the judges recognized the basis of similar goodsfor clues, as the entry point of similar commodities research to find problem in rules.In this introduction, the author starts from the current situation of "same cases,different sentences", sorting out the legal framework under the existing trademarkcourt, the judges in the trial of civil trademark infringement, the administrativeauthority recognized rights and other legal documents in the case are based, and in thefirst chapter from the law of comparative analysis of different legal documents incourt and the judges recognized the basis for similar goods.The second chapter based on a comprehensive analysis of a large number ofcases, selected a few typical cases to analysis from both kinds of cases, and selected similar precedents in two types of cases of the courts and the judges, analysis theconsensus and disagreement such as judicial practice principles identified similargoods related rules to determine factors.The third chapter analyzes our current similar goods identified problems in therule itself for reflection based on the former grammar and case analysis. The authorcompared the Trademark Law of P.R.C.," Lanham Act ","TRIPs Agreement" and "European Community Trade Mark Regulation " on the trademark infringement andlegal logic of similar goods, finds that "TRIPs Agreement" and the EU model is moresuitable of similar goods determined direction. At the same time, the author believesthat the visibility trademarks and significant factors can be taken into account similargoods identified.In the fourth chapter, the author proposes a similar product determining proposal,describes the meaning of improving and uniform the rules of similar goods，and makerecommendations for law enforcers to make fully reasoned judgment whendetermining similar goods in judicial practice.In the conclusion of this article the author summarizes the full text, and giveshope to the development of the Trademark Law of P.R.C..Under the dual promotionof future theoretical research and practical operation, the identification of similargoods rules will increasingly perfect.