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The criteria for judging trademark similarity of CNIPA

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The criteria for judging trademark similarity of CNIPA

  1. The Chinese characters of the Chinese trademarks have the same formation but differ only in fonts or design and order of the words; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  2. If the words of the mark are formed by overlapping words and phrases; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  3. The Chinese trademark consists of three or more Chinese characters, only individual character is different, and the whole has no meaning or the meaning is not obviously different; likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  4. Trademark characters with the same or similar pronunciation, and similar font or overall appearance; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  5. The formation and pronunciation of the marks are different, but the fonts of the marks are similar; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  6. The formation and pronunciation of the trademark characters are different, but the meaning is either the same or similar; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  7. Trademarks that are formed by the same foreign language, letters or numbers, only with different fonts or designs; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  8. A trademark in a foreign language formed by four or more letters, only individual letters differ, and the whole has either no meaning or no obvious difference in meaning; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  9. A trademark consists of two foreign words, only the order of the words differs, with no significant difference in meaning; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  10. Foreign-language trademarks only undergo changes in singular and plural forms, gerunds, abbreviations, increase the articles, inflection of comparative or superlative order, parts of speech etc., but the meaning of the expression is basically the same; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  11. The trademark is only composed of others prior trademarks and the common name and model of the product; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  12. Trademarks are only composed of other people's prior trademarks and words that directly indicate the quality of the product, main ingredient, functions, uses, weight, quantity and other characteristics of the goods; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  13. A trademark consists only of others prior trademarks and words that indicate the place where the goods are produced, sold or used; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  14. The trademark only consists of the prior trademark of others and the adjectives or adverbs that act as modifiers, and other less distinctive characters in the mark, which the meanings are basically the same; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  15. Two trademarks or one of them consists of two or more relatively independent parts, of which the significant parts are similar; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  16. The trademark contains the word mark of others with certain popularity or strong distinctiveness; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

  17. Trademarks containing Chinese characters and their corresponding pinyin, and trademarks containing the same pinyin alone; is likely to confuse the relevant public on the source of goods or services, is determined to be a similar trademark.

See Also:

China Trademark Registration Procedures and Fees
China Trademark Registration System

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