The Tianxin District Court of Changsha held through trial that the plaintiff Haidilao Company proposed that the defendant Haidilao Restaurant used it? River bottom fishing? Identify and approve the registered? Haidilao? Similar trademarks. According to the second paragraph of Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes and the first paragraph of Article 52 of the Trademark Law, trademark similarity refers to that the font, pronunciation, meaning, composition, color or the overall structure of the combination of its elements are similar compared with the plaintiff's registered trademark, or its three-dimensional shape and color combination are similar, which may easily cause the relevant public to misunderstand the source of goods or think that its source of goods is a commodity with a specific relationship with the plaintiff's registered trademark. Whether trademark words are similar or not generally needs to be comprehensively identified in terms of sound, form and meaning.

1. There are some differences in the overall font of characters:

First of all,? River bottom fishing? Trademark and? Haidilao? Have all the trademarks? Bottom fishing? Words. As far as the overall font of characters is concerned, there are some differences between them. The registered trademark of the plaintiff Haidilao Company? Haidilao? It's Fangzheng Huali font. From? River bottom fishing? Judging from the logo, it is composed of artistic words. ? River? Words are the art form of rivers. River bottom fishing? The word is the dot below it, which is made up of the image of an artistic fish. In pronunciation, Him? And? Haidilao? The pronunciation is similar However, pinyin letters begin with H, which is consistent with the pronunciation of Putonghua and Hunan dialect. There is no similarity in composition and color of the hot pot restaurant in Haidilao River Bottom Fishing. The overall structure and three-dimensional modeling are not similar to those of TINT.

? 2. Reject the plaintiff:

Secondly, all the stores of Haidilao Company operate recipes of Sichuan hot pot series, while the recipes of Hedilao restaurant are typical Hunan cuisine series. Although there are hot pot dishes in Hedilou Restaurant, there are some differences between hot pot and hot pot operated by Haidilao Company, mainly seafood hot pot. It can be seen from the menu and poster propaganda at the door of the store that its Hunan cuisine series is publicized on the signboard and menu poster at the door. Judging from the font, pronunciation, composition, color, and dishes operated by the plaintiff and the defendant, ordinary consumers will not misunderstand the source of catering services, nor will they think that the source is registered with the plaintiff? Sea dungeon? There is a specific connection. Therefore, the defendant and Dilao Restaurant do not constitute registered trademarks of the plaintiff? Sea dungeon? Infringement of trademark rights. The Tianxin District People's Court of Changsha rejected the plaintiff's claim against Sichuan Haidilao Catering Co., Ltd. After the judgment of the first instance was pronounced, both the plaintiff and the defendant appealed.

? 3. Rights need to be protected and should not be abused:

Peng Dingyun, the president of the Intellectual Property Court of Tianxin District People's Court in Changsha, believes that rights need to be protected and should not be abused. In judicial trials, laws based on the national intellectual property strategy must strictly protect intellectual property rights to promote social innovation. Undeniably, in the field of trademark rights and copyright rights, there are some batch commercial rights protection, which pay attention to the interests of small shop operators and do not care about tracing the source of anti-counterfeiting. Some people abuse their rights to monopolize certain industries and fields, which runs counter to the purpose of protecting intellectual property rights and promoting social innovation. Intellectual property trial should pay attention to safeguarding rights and prevent excessive safeguarding rights; To guide the obligee to realize leap-forward development through innovation, we must promote the society to enjoy the development achievements of the times on the basis of innovation.