Dấu hiệu dùng để phân biệt hàng hóa, dịch vụ của mình với hàng hóa, dịch vụ của chủ thể khác được gọi là nhãn hiệu. Quyền sở hữu công nghiệp đối với nhãn hiệu được xác lập trên cơ sở quyết định cấp văn bằng bảo hộ của cơ quan Nhà nước có thẩm quyền.
Như vậy, mỗi chủ thể hoạt động kinh doanh thương mại phải đăng ký cho mình một nhãn hiệu và dùng nhãn hiệu đó tạo dựng thương hiệu hàng hóa trên thị trường. Hồ sơ thủ tục đăng ký nhãn hiệu đã được pháp luật Sở hữu trí tuệ quy định. Sau khi nộp đơn đăng ký nhãn hiệu, Cục sở hữu trí tuệ tiến hành thẩm định về mặt hình thức và nội dung đơn, nhằm đánh giá khả năng bảo hộ của đối tượng được nêu trong đơn.
Trong giai đoạn thẩm định nội dung đơn đăng ký, việc tìm đối chứng và so sánh đối chứng với các dấu hiệu được nêu trong đơn là vô cùng quan trọng nhằm đánh giá khả năng phân biệt của dấu hiệu được bảo hộ, xem xét dấu hiệu đó có bị trùng hoặc tương tự gây nhầm lẫn với đối chứng tìm được hay không. Vậy khi nào một dấu hiệu bị coi là tương tự về nghĩa so với đối chứng?
Một dấu hiệu bị coi là tương tự về nghĩa so với đối chứng nếu dấu hiệu và đối chứng, hoặc phần chủ yếu của đối chứng có cùng nội dung, diễn đạt cùng một đối tượng hoặc diễn đạt hai đối tượng tương tự nhau. Dưới đây là những trường hợp một dấu hiệu được xem là tương tự về nghĩa so với đối chứng.
– Trường hợp có 2 dấu hiệu có cách viết khác nhau, nhưng có cùng nghĩa tiếng Việt, hoặc một ngoại ngữ thông dụng tại Việt Nam như Anh, Pháp, Nga, Hán, hoặc nghĩa của chúng giống nhau hoặc đối lập nhau thì vẫn có thể tương tự gây nhầm lẫn;
– Hai dấu hiệu khác nhau về hình nhưng được trình bày với cách thức giống nhau;
– Trường hợp một đối chứng hình đã nổi tiếng thì hai dấu hiệu hình giống nhau về mặt ý nghĩa nhưng được trình bày với cách thức khác nhau vẫn bị xem là tương tự gây nhầm lẫn;
– Nếu sản phẩm mang nhãn hiệu hoàn toàn trùng nhau thì một dấu hiệu chữ với dấu hiệu hình giống nhau về ý nghĩa cụ thể cũng có thể được xem là tương tự nhau;
– Hai dấu hiệu hình cùng thể hiện một ý nghĩa cụ thể như nhau và có cách thể hiện tương tự nhưng với số lượng khác nhau thì vẫn bị xem là tương tự gây nhầm lẫn.
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