Question: What Do “Identical Trademark” and “Similar Trademark” Mean Under Trademark Law?
An identical trademark under Article 57(1) and (2) means that the accused mark is visually almost indistinguishable from the plaintiff’s registered trademark.
A similar trademark under Article 57(2) means that the accused mark is similar in the form, pronunciation, or meaning of its words; the composition or color of its device; its overall combination of elements; or its three-dimensional shape or color combination, such that the relevant public is likely to misunderstand the source of the goods or believe that the source has a specific connection with the plaintiff’s registered trademark.