Case Analysis On Identifying The Similarity Of Goods

In recent years, trademark disputes has been increasing and the issues involved are more complex and more controversial. How to correctly identify similarity of goods has decisive influence to ensure the right in the trademark license and trademark infringement. Meanwhile, it will also promote healthy competition in the trademark market and help stablish well-known brand of our country.In this paper, combined with many typical cases in judicial practice around the standard problems in identifying similarity of goods, the paper carries out analysis step by step.The first chapter concludes the current standard about identifying similarity of goods based on judicial interpretation and Judicial case, point out that Classification Table Of Similar Goods And Services should not be overemphasized, the argument should be strengthen fully and the use of confusion standard should also be rationally.The second chapter provides a typical case to analysis the nature, function and problem of Classification Table Of Similar Goods And Services. At the same time, from the view of legal provisions, the actual market situation, the paper proves that Classification Table can not be the standard of identifying similarity of goods.The third chapter and the fourth chapter respectively bring out detailed analysis according to the trademark objective attributes and the likelihood of confusion standards in judicial practice, combined with typical cases, the paper tells the trial thoughts, methods and existing problems of the court by comparative analysis.The last chapter summarizes and generalizes the previous chapters. As the new trademark law put likelihood of confusion as a constitutive requirements of trademark infringement. We should reflect on the current standard in identifying similarity of goods, and put forward the standard should be more objective.