The Law and Reality of Trademark Coexistence
According to the Trademark Law and the Guidelines for Trademark Examination and Trial, similar trademarks on similar goods are generally not allowed to coexist. Specifically, when two trademarks are similar in terms of wording, graphics, or pronunciation, and are used on the same or similar goods, they are likely to cause consumer confusion. For example, when a consumer sees the name “Nongfu Orchard,” they may easily associate it with “Nongfu Spring.” Similarly, “Golden Carp” cooking oil could easily be mistaken for “Golden Dragon Fish” cooking oil, leading consumers to believe that these are product lines from the same provider. In these particular examples, both sets of trademarks do indeed come from the same company.