How To Identify Similar Trademarks?

(1) general

When a purchaser purchases some brand of goods he or she needs in the market, it always depends on his memory of a trademark or the impression left by his trademark in his mind, and this kind of memory and impression are inaccurate or vague, and buyers usually remember only some characteristics of the trademark.

If the two trademarks have the same characteristics and make ordinary buyers unable to distinguish from ordinary attention, they are similar trademarks.

For example, whether the trademarks of household products are similar or not, the family owners should be able to distinguish whether they can pay attention to the general attention when buying goods.

French precedents regard this as a standard for trademark similarity.

The so-called general buyer should be the ultimate consumer, and should not include middlemen and connoisseurs with special tastes, because the latter has specialized experience and will pay special attention to trademarks when buying, generally not confused by trademark similarity.

The United States, Canada, Germany, Belgium, Italy, Switzerland and other countries have adopted this principle.

(2) general observation and comparison of the main principles

Two whether trademark is similar or not should be observed on the whole of trademark. This principle is adopted by most countries.

In France, this principle applies to all kinds of commodities, including word trademarks, graphic trademarks and joint trademarks. For example, MONORPIX and MENUPRIX, THERMOR and THERMAX are all considered to be similar.

(3) isolated observation principle

To distinguish whether a trademark is similar or not is not to compare the two trademarks carefully but to isolate them.

Isolated observation makes the meaning of a mark of a trademark stronger, and makes the rest part a strong sense.

Under such circumstances, the general purchaser is easily mistaken.

In particular, when a part of a trademark is not closely related to the rest, it is often used to isolate observations to determine whether trademark similarity exists.

Trademarks of various countries