As a corporate logo and symbol, the trademark reflects the corporate image and brand. However, in view of the fact that the standards for trademark registration and examination have yet to be improved, coupled with the lack of awareness of trademark protection by enterprises, a large number of similar trademarks have emerged in the market, which has brought confusion to consumers. Are there any standards for determining the similarity of trademarks? Let's take a look at it today.
1. What are the main aspects of trademark similarity?
Trademark similarity refers to the similarity of two trademarks in the glyph, pronunciation, meaning of the words, the composition and color of the graphics, or the overall structure of the words and graphics, which is easy for consumers to confuse the goods or services.
2. What are the main factors on which similar trademarks are identified?
The criterion for judging is the level of attention of the majority of consumers. This means that the similarity of a trademark needs to be confused under the observation of ordinary consumers before it can be judged to be a similar trademark. At the same time, this standard will be adjusted according to the change of geography, product characteristics and time.
3. There are a series of professional methods for judging similar trademarks:
1. Isolation observation method:Observe the two marks at different times and places. If consumers pay a little attention to the purchase and there is still a tendency to be confused, then the two trademarks can be regarded as similar trademarks.
2. Comparative Method:By comparing the main parts of the two trademarks, it is determined whether their appearance is significantly different. If the differences are significant and are not likely to be mistaken by consumers, then they are not similar trademarks.
3. Separation and comparison method:Compare the components of the combined mark separately to see if their pronunciation, meaning and appearance are similar or not significantly different. If there is significant similarity or no material difference, then the marks are considered similar.
4. What are the penalties for trademark infringement?
When the AIC determines that the trademark is infringed, the infringing party will be subject to the following penalties:
1. Order to stop infringement:Cessation of sale, confiscation, destruction of goods and their tools.
2. Impose corresponding fines:Where the illegal business turnover is more than 50,000 yuan, a fine of not more than five times the illegal business turnover is to be given, and where there is no illegal business revenue or the illegal business turnover is less than 50,000 yuan, a fine of not more than 250,000 yuan is to be given. Where there are two or more acts of trademark infringement within five years or other serious circumstances, a heavier punishment shall be imposed.
3. Compensation for the economic losses of the infringed party:The infringing party also needs to compensate the infringed party for the corresponding economic losses. The administrative department for industry and commerce may, at the request of the parties, mediate the amount of compensation for the infringement of the exclusive right to use the trademark, and the parties who fail to do so may file a lawsuit with the people's court in accordance with the law.
Notes:Many enterprises do not fully consider the uniqueness and protection of trademarks when registering trademarks, resulting in a high degree of similarity of trademarks. It is recommended that you fully realize the importance of the trademark when registering the trademark, strengthen the creativity and unique design of the trademark, and seek a professional team for trademark registration. Therefore, if your company needs to apply for trademark registration, you can send a private message or leave a message in the comment area.