Study On The Identification Of Similar Goods In Trademark Law

In accordance with the provisions of the PRC's Trademark Law,using trademark same as or similar to a registered trademark on the same or similar goods without the permission of the trademark owner constitutes a trademark infringement.How to identify similar goods according to this provision is a hot issue in the trademark law academia and practical community,and it is also one of the problems faced by the China Trademark Office in approving trademarks and courts in the trial of trademark cases.The author try to explore specific criteria of identification of similar goods through the analysis of objective standard and subjective standard,collecting and collating the relevant cases,case study and theoretical research.In Chapter One,the author mainly discusses the importance of similar goods in trademark infringement judgment,so as to clarify the necessity of similar goods identification standard.The core of trademark infringement lies in the identification of the possibility of confusion,and as an important factor to identify the possibility of confusion,identification of similar goods have a direct impact on trademark infringement.At present,there is a dispute in the academia on the logical relationship between the similarity of goods and the possibility of confusion.The logical paradox should be clarified before study on the identification of similar goods.In addition,absence of clear criteria led to differences between standard of China Trademark Office and that of courts.Judicial judgments also can not be unified.Based on the importance of similar goods identification and the existing problems,the author will discuss on how to identify similar goods.In Chapter Two,the author analysis the objective standard based on the current situation of identification of similar goods.The objective standard of similar goods mainly refer to the "International Classification of Goods and Services for the Registration of Trademarks" and the "Differentiation of Goods and Services".In this chapter,the author introduces the apply of objective standards in administrative practice and judicial practice.According to the case analysis,both advantages and disadvantages of objective standard are described,and based on the disadvantage of objective standard,subjective standards and comprehensive judgments should be considered.In Chapter Three,the author discusses the subjective standard of identification of similar goods by summarizing the specific considerations of the judges in judicial practice and the relevant provisions of identification of similar goods in foreign countries.In the judgment of similar goods,the essential nature of goods should be taken into consideration.By comparing the function,usage,consumer and other aspects,we can determine the relevant elements,we should also take into account the significance of the previous mark and visibility.These elements should be considered comprehensively when identifying similar goods.In Chapter Four,the author expounds the meaning and necessity of identifying similar goods,puts forward the suggestions of perfecting identification standard of similar goods,clarifies the logical relationship between the similarity of goods and the possibility of confusion,puts forward that when the administrative registration follows the objective standard,the judicial practice should consider the subjective standard,specifically consider relevance and visibility of the trademark.In the conclusion,the author summarizes the contents of the whole paper,clarifies the view of the paper again,and gives hope to the improvement of the identification standard of similar goods and the development of the trademark law.