There is a dominant theory that a specific trade situation surrounding the product should be considered in determining the similarity of trademarks, but there is a dispute over the scope of the trade situation under consideration. In the past, there w...
There is a dominant theory that a specific trade situation surrounding the product should be considered in determining the similarity of trademarks, but there is a dispute over the scope of the trade situation under consideration. In the past, there were both precedents that considered a specific trade situation and those that did not. However, recent cases have generally considered specific trade situations.
The Supreme Court 2018Hu10848 decision, rendered on August. 14. 2019, confirmed that, in determining the similarity of trademarks, when the use of the trademark on the product is recognized, a comprehensive and overall consideration should be given to the trade situations surrounding the product, such as brand recognition and the relationship with the product, the designation and recognition of goods. However, special and limited trade situations that can be easily modified on the product, such as the specific shape of the product and the specific form of the packaging, should not be taken into account.
Based on the above Supreme Court ruling, this paper reviewed the consideration of the specific trade situation and the scope of the specific trade situation in the judgment of the similarity of trademarks in detail.