Research On The Criteria Of Approximate Judgment Of Trademarks

The judgment of trademark approximation runs through every link of trademark practice,which is an important reference factor in the determination of trademark right and the judgment of trademark infringement.In the whole trademark law,the rules about the approximate and concrete judgment of trademarks are not clear,and the rules about the concrete operation of the literal trademark,the graphic trademark and the combination trademark in the approximate judgment need to be perfected,in particular,the confusion and misunderstanding caused by the existence of trademark approximation to the relevant public deserve further analysis on how to judge and measure it,therefore,the research on the criterion of trademark approximation is helpful to perfect the current method of trademark approximation judgment in our country,and to solve the difficult problem of trademark approximation judgment in judicial practice.In this paper,the criteria for the approximate judgment of trademarks are studied as follows.The first part discusses the basic theory of trademark approximation.The approximate trademark is mainly expressed in three aspects: appearance,pronunciation and meaning,and the judgment of approximate trademark runs through the relevant links in trademark practice,which is the precondition of the judgment of trademark infringement,it is also an important factor to influence the judgement of confounding probability.The second part summarizes the current trademark approximate judgment standard of our country.Compared with the subjective standard,the objective standard of trademark approximate judgment will make the trademark judgment more objective,stable and predictable.At the same time,it summarizes the judgment subject which is mainly related to the public,the judgment method which is combined with the whole observation method and the essential part observation method,and the main content of different types of trademark judgment.The third part has analyzed our country trademark approximate judgment existence main question.The similarity and confusion of trademarks,the unclear definition of the degree of similarity of trademarks,the disunity of the criteria for judging the similarity of trademarks,the lack of refinement of the general attention criteria of the related public,and the excessive subjectivity of the judgment of the approximation of trademarks.In the fourth part,the author puts forward some suggestions on the improvement of the current judgment standard.Further clarifying the meaning of trademark approximation and the criteria for judging it,as well as the scope of the relevant public,to perfect the current judgment process,the author analyzes the approximate degree of trademark judgment,introduces the expert appraiser system and the linguistic method in the approximate judgment of graphic trademark,etc.,thus promote the objectivity of the criteria for the approximate judgment of trademarks.