Opinions on Several Issues Concerning Service Trademark Protection
(issued by the State Administration for Industry and Commerce on March 30 1999)
These opinions on the several issues concerning service trademark protection are expressly set forth below with a view to effectively implementing the Trademark Law and ensuring the protection of exclusive service trademark right:
1.A service trademark is a symbol that a service provider uses to distinguish its service from that provided by another operator.
A service trademark is composed of word, device or their combination.
2.The related provisions of the Trademark Law and its Implementing Regulations governing acts infringing trademarks of goods also apply to service trademarks; the principles judging the similarity of goods and trademarks of goods also apply to services and service trademarks.
3.Similar services refer to those that have related purpose, manner and object of service or those that are specially associated.
Similar service trademarks refer to those that are apt to create confusion on the part of consumers in respect of the origin of services owing to their pronunciation, form and meaning of words, the composition and color of devices or the general composition of words and devices compared with those of registered trademarks.
4.Where acts of service and goods used to provide the service are specifically related, the service is deemed similar to the goods used to provide the service.
5.The following acts are ones of infringement upon service trademarks
(1)Using, without authorization, service trademarks identical with or similar to others' service trademarks for identical or similar services;
(2)Using, without authorization, words identical with or similar to others' service trademarks as names of service for identical or similar services in such a manner as to create confusions;
(3)Counterfeiting, making, without authorization, signs of service trademarks or selling signs of others' service trademarks that are counterfeited or made without authorization:
The acts mainly refer to counterfeiting, making, without authorization, goods (e.g. tableware in restaurant and beverage industry) bearing signs of others' service trademarks