[CN] How to determine whether the word marks are similar?

July 14, 2018

Man doing paperwork on desk | How to determine whether the word marks are similar

To determine if two-word marks are similar, the Trademark Office has a complete set of censorship standards in regards to an existing trademark search.

1. Chinese work marks are of the same composition of Chinese characters. Only the font or design, phonetic transcription, and arrangement order are different.

2. Work marks consist of the same foreign language, letters, or numbers, are different only by typeface or design.

3. The work marks consist of two foreign words. The order of the words is different, and there is no obvious difference in meaning.

4. The Chinese work marks consist of three or more Chinese characters. Only the individual Chinese characters are different, and the overall meaning does not have any significant difference or meaning.

5. The foreign language work marks consist of four or more letters. Only the individual letters are different. There is no difference or obvious distinction in meaning in the whole.

6. The text fonts of the wordmarks are similar.

7. The pronunciation of the text of the wordmark is the same or similar, and the font or the overall appearance is similar.

8. Texts of the word marks have the same or similar meaning.

9. Texts of the wordmarks are formed by overlapping words and words.

10. Foreign language word marks only take place in the form of singular and plural, gerund, abbreviation, add articles, comparison level or the highest level, part of speech, etc., but the meanings of the expressions are the same.

11. Wordmarks are common names and models of this product added to other people’s prior trademarks.

12. Wordmarks are words in the trademarks of others that have previously been used to indicate the place where the goods were produced, sold, or used.

13. Wordmarks are the words in other people’s prior trademarks that directly indicate the quality, main raw material, function, purpose, weight, quantity, and other characteristics of the goods.

14. Wordmarks are adjectives or adverbs that add a modifier to other people’s prior trademarks, and other words that are less prominent in the trademark. The meanings expressed are the same.

15. The two word marks or one of them consists of two or more relatively independent parts, where the significant part is similar.

16. Word mark completely contains a certain well-known or highly significant word mark previously possessed by others, which can easily cause misrecognition of the source of the goods or services by the relevant public as belonging to a series of trademarks and is determined to be a similar trademark.

The above is the standard for the trademark office to judge whether the word mark is similar or not. I believe that if the enterprise understands the review standard, it will be more confident when applying for the mark, and it is well aware of it. Before the application, it is sufficient for work on the texts to avoid similarity to other’s word marks, strive for achieving with one step, and get the word mark as soon as possible.