How To Identify The Scope Of Similar Commodities

< p > according to the judicial interpretation, similar commodities refer to the same products in terms of functions, uses, production departments, sales channels, sales objects, etc., or the commodities which are generally confused by the general public and are easily confused. If the goods or services are similar, they should be judged comprehensively by the general public's understanding of goods or services.

This indicates that the similar commodity itself is a dynamic < a href= "http://www.91se91.com/news/index_c.asp > > /a >, and the judgment of similar commodities should be related to the correlation between the two kinds of commodities, and ultimately depends on whether the relevant public generally thinks that the two types of commodities have specific connections and easily confuse commodities.

Its cognizance should be grasped mainly from the following aspects: < /p >

< p > 1. < < a href= > http://www.91se91.com/news/index_c.asp > > trademark > /a > registered international classification of goods and services, < a href= http://www.91se91.com/news/index_c.asp > similar commodities > /a > service differentiation table can be used as a reference for judging similar commodities, but not the only basis.

The judicial judgment of similar commodities belongs to the fact finding of cases. Courts should not stick to the classification of the natural attributes of goods and services in the classification table and the distinction table, because the classification table and the distinction table often do not accurately reflect the related attributes of commodities in the real development and change. Therefore, we can take this as a reference and take the general public knowledge of goods or services as the basis, and make a comprehensive judgement from the perspective of the general consumers and operators, combined with the relevant factors of the case.

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< p > 2. classifies competitive goods, related commodities and irrelevant goods according to the commodity related attributes.

In the sense of trademark law, the same commodities mean that the categories of commodities approved by the registered trademarks are the same, while the goods with relatively different categories can be classified into competitive commodities according to their related attributes, that is, the same functions in terms of functions, uses and consumer objects, and those that have the function of substitution; related commodities, that is, goods that are not competitive but have some relevance; they are irrelevant goods, that is, goods without any connection.

The judgment of similar commodities should be settled on the degree of correlation between the two types of commodities, and ultimately depends on whether the relevant public generally believes that the two types of commodities are specific and easily confused.

Based on this, irrelevant commodities must not belong to similar commodities, and whether competing commodities and related commodities belong to similar commodities should be judged by case analysis.

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< p > 3., in judging, we should adhere to the principle of unity between subject and object, focusing on the popularity and significance of trademarks.

On the one hand, the functions, uses, production departments, sales channels, and the actual situation of consumers are the objectivity of the objects of observation; on the other hand, the general public's understanding is that the general consumers and operators in the relevant markets are subjective to the general cognition and general exchange concept of goods.

The popularity and saliency of trademarks is an important part of the public's cognition of commodities. It has a direct impact on whether the relevant public considers the existence of a specific commodity and causes confusion.

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< p > 4., based on the principle of confusion, we should comprehensively judge and give active and flexible judicial protection.

The principle of confusion is the common judgment principle of similar trademarks and similar commodities, because trademark recognition is the primary value of commodity origin function, and the source of confusion makes the relevant public misidentification, which substantially damages the trademark recognition, and makes judicial relief necessary.

There is room for judge discretion in judging similar commodities, involving the initiative of judicial discretion.

On the one hand, we should stick to the criterion of judging the degree of correlation between commodities and the general public that the two types of commodities are confusing goods. On the other hand, we should respond to the new needs of intellectual property protection, explain the applicable law, and give the new meaning of the law.

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