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Discuss the Standards for Similar Trademarks from "The Case of Nine Deer King Dispute"

Author: RenYingTao
Tutor: LiuBinBin
School: Lanzhou University
Course: Intellectual Property Law
Keywords: approximate trademark the standards for similar trademarks discrimination
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 70
Quote: 0
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Abstract

A trademark is to identify the source of goods or service marks, It is the enterprise image representative and has huge commercial value. Because of this, the infringement of trademark behavior is more and more. It’s not only damaged the trademark owner and legitimate interests of the fair and disturb the order of market competition, but also cheat the general consumers. Therefore, the courts and industry and commerce administration authorities for trademark determination seems so urgent and important. This is mainly on similar trademark identify, "similar trademark" means a trademark is the same or similar to a prior trademarks, and use on identical or similar goods or services that customers may be confused.This paper adopts an example, using the method of "nine deer trademark " as an example to similar trademark recognition standard research the problems comprehensively, systematically. For approximate brand that, should be in always adhere to "The Supreme Court’s explanation for applicable laws to try trademark civil dispute case", based on the characteristics of different types of trademark, use the different analysis. We should be in attention to trademarks of integral vision and impression of it. It is easier to make consumer cause misidentification at the same time, according to each component of the significant degree to judge the main part of the trademark. In approximate trademark recognition principle, under the guidance of combine specific case judge whether this is a trademark constitutes approximate case analysis method. On the analysis of the process, we emphatically analyzes the relevant public, general attention or such important concept. These concepts is an extremely important role for approximate trademark judgment plays. Qustionnaire is also one import part in this paper.Nine Deer King trademark dispute is typical in recent years. What’s Involved are all Chinese well-known trademark. Although, both trademark contain Chinese and English "King Deer "and it maybe confuse consumers. But, "Nine Deer King" trademark contain combinations of words should be identified by the consumers from "King Deer". In this case, consumer should be able to recognize the difference between this two trademarks.

Discuss the Standards for Similar Trademarks from "The Case of Nine Deer King Dispute"

Abstract

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