The defendant and Dilao Restaurant argue that: First, the logo of the defendant and Dilao Restaurant is not similar to the trademark of the plaintiff Haidilao Company. Similar trademarks refer to the similarity in font, pinyin, meaning, color, composition or the overall structure of words and graphics between two trademarks, which easily confuses the source of consumers' goods or services. This paper investigates similar trademarks from three aspects: word mark, graphic trademarks and the junction of sound, shape and meaning. According to the complaint, the plaintiff Sea Dungeon Company believes that the defendant and the restaurant in Dilao? River bottom fishing? Is the word violated? Haidilao? Exclusive right to use a trademark.

1. Words and trademarks:

Whether words and trademarks are similar should be compared in terms of sound, form and meaning. In this case, we think that Jiang and Hai have different pronunciations and shapes, and the plaintiff thinks that this meaning may be similar. The similarity between the ocean and the river lies in water, one is salt water and the other is fresh water.

2. * * * The same thing is catering:

In life, there is water not only in rivers, but also in lakes and rivers. According to the logic of the plaintiff Sea Dungeon Company, the name of Jianghai with water infringes the plaintiff's exclusive right to use a trademark. For the so-called river fishing, Haidilao violated the plaintiff's exclusive right to use a trademark. Judging from the services and catering products provided by both parties, the only thing they have in common is catering. Haidilao hot pot has a high social popularity. Anyone familiar with Haidilao hot pot knows that Haidilao is synonymous with Sichuan cuisine and hot pot. Hedilou Restaurant mainly deals in Hunan cuisine seafood series. We have hot pot. Hot pot is not our main business. We mainly deal in Hunan cuisine. There are great differences between the two in cuisine and service methods. After trial, the Tianxin District Court of Changsha City held that the plaintiff Haidong Dungeon Company proposed that the defendant and Dilao Restaurant used it. River bottom fishing? Identify and approve the registered? Haidilao? Similar trademarks.

III. Conduct comprehensive appraisal:

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 trademark accused of infringement is similar to that of the plaintiff's registered trademark, or its three-dimensional shape and color combination are similar. Whether trademark words are similar or not generally needs to be comprehensively identified in terms of sound, form and meaning.