Point of view... An analysis of the "International Classification of Goods and Services for Trademark Registration" and "The Classification of Similar Goods and Services" is the only criterion for judging similar goods or services.
Published:
2024-04-09
The International Classification of Goods and Services for Trademark Registration and the Classification of Similar Goods and Services can be used as a reference for judging similar goods or services, but it is not the only standard. In practice, it is also necessary to consider the function, use, production department, sales channel, consumer object and other aspects of the product, as well as whether the relevant public thinks that there is a specific connection, whether it is easy to cause confusion and so on.
1. relevant laws and regulations
Paragraph 2 of Article 57 of the Trademark Law of the People's Republic of China:Without the permission of the trademark registrant, the use of a trademark similar to its registered trademark on the same commodity, or the use of a trademark identical or similar to its registered trademark on similar commodities, which is likely to cause confusion, is an infringement of the exclusive right to use a registered trademark.
Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases:Similar goods as stipulated in Item (II) of Article 57 of the Trademark Law refer to goods that are the same in function, use, production department, sales channel, consumer target, etc., or the relevant public generally believes that there is a specific connection, which is easy to cause confusion.
Article 12 of the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Trademark Civil Dispute Cases:In accordance with the provisions of Item (II) of Article 57 of the Trademark Law, the people's court shall determine whether goods or services are similar, and shall make a comprehensive judgment based on the general understanding of the goods or services of the relevant public; the International Classification of Goods and Services for Trademark Registration and the Classification of Similar Goods and Services can be used as a reference for judging similar goods or services.
2. brief
Defendant Company B was seized by its local market supervision and administration bureau and imposed administrative penalties for selling products that infringed the exclusive right to use the trademark of Plaintiff Company A. In this case, the infringing product cylinder sleeve sold by the defendant belongs to category 7 in the "Table of Differentiation of Similar Goods and Services". The registered trademark approved for use claimed by the plaintiff has category 12 in addition to category 7, and category 7 and category 12 are in different similar groups. Whether they can constitute similar goods is one of the controversial focuses in this case.
3. Court Views
Review to determine whether the relevant goods are similar, "similar goods and services differentiation table" is not the only, fundamental criteria for judgment. In this case, the cylinder liner is classified into category 7 in the "Table of Similar Commodities and Services". The plaintiff's "Heavy Duty Truck" registered trademark is approved to use category 7 commodities, and the two are similar commodities. The plaintiff's registered trademark approved for use is category 12, and the two are in different similar groups, but the plaintiff's registered trademark approved for use includes auto parts, there is a high degree of correlation and overlap with the cylinder liner involved in the case in terms of function, use, production department, sales channels, etc. The relevant public generally believes that there is a specific connection, which can easily lead to confusion and can be identified as similar goods. Second, after the plaintiff's long-term operation and use, the plaintiff's production and operation status and "China National Heavy Duty Truck" have been reported and used by many mainstream media. "China National Heavy Duty Truck" and "China National Heavy Duty Truck" have significant corresponding significance with the plaintiff's company. It is well known to the relevant public and has considerable popularity. The "Weichai" and "Heavy Duty Truck" branches on the packaging of the products involved are all prominently used, and the relevant public generally do not think that the two are used in combination. The words "Heavy Duty Truck" used by the defendant are the same as the main part of the registered trademark of "Heavy Duty Truck" and "China Heavy Duty Truck" of the plaintiff, which can easily lead to confusion and constitute a trademark approximation.
4. practical thinking
The International Classification of Goods and Services for Trademark Registration and the Classification of Similar Goods and Services can be used as a reference for judging similar goods or services, but it is not the only standard. In practice, it is also necessary to consider the function, use, production department, sales channel, consumer object and other aspects of the product, as well as whether the relevant public thinks that there is a specific connection, whether it is easy to cause confusion and so on.
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