Rule to Consider Similarity of Trademark



Trademark that submits to request for registration has to different or similar with business of other that registered already by Department of Intellectual Property will consider from name voice, mark overall image and concernment of registration goods by be able to summarize following diagram as follows:

  1. Picture of mark uses language or different writing but there is same name voice. It may make consumer confuse. It cannot register.

  2. Name voice is different but quality of setting format is similar. It cannot register.

  3. Composing word or message and name voice is different but quality design picture, color code composes similar football may make consumer confuses. It cannot register.

  4. It is dependence of famous of other’s trademark to copy for intending to let consumer confuses. Although, it looks different but shows intention that it is not honest. It cannot register.


Notice that we should know

Kind or goods price that use trademark affected to ability to distinguish of consumer, high price goods such as car. Consumer will use prudence to select for buying more than normal goods for example you may notice trademark of brand name car Honda, Hyundai. Such quality regards as there is quality differently. So, it can register for both. If you are doing business and having own goods and service you have to study first that similarity with trademark of other or not. If it is similar you may adjust to make it different from trademark of other both name voice and setting format. You can register trademark. Thank you for good article from department of Intellectual Property from Ministry of Commerce

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