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Intellectual Property and Commercial Court


2010 Xing Shang Su Zi No. 184

Decision No. 2010 Xing Shang Su Zi No. 184
Date February 10, 2011
Decision Highlight

Trademark similarity, though, makes the probability of likelihood of confusion much higher, but it is absolutely not an ultimate determination. There might exist other important factors, so there is no likelihood of confusion. As for lack of trademark similarity, likelihood of confusion is absolutely impossible. Therefore, in determining lack of trademark similarity, the premise is that the difference between two trademarks is very obvious. Even other factors of likelihood of confusion reach the maximum degree (for instance, completely the same products, the prior trademark acquiring higher distinctiveness and more famousness to relevant consumers, the prior right owner having diverse business, culpable intent of the applicant of the trademark at issue, and so on). If likelihood of confusion will be deemed not to occur, lack of trademark similarity can be concluded. Otherwise, it should be determined that those two trademarks constitute similarity.


Trademark similarity

Relevant statutes Article 23, Para. 1, Subparas. 12, 13, 14 of the Trademark Act
  • Release Date:2020-11-13
  • Update:2020-12-07