Is the similarity of watches an infringement?

In the case of similar product packaging, it is generally considered as infringement. But it also depends on the relationship between design space and product assembly.

Judgment premise: it is impossible to compare whether the accused infringing products and patented products belong to the same category. Judgment scale: it should not be based on the aesthetic observation ability of professional and technical personnel in the field of design patent. The overall shape is consistent, and the visual effect is consistent; Local micro-inconsistencies, details that will not be noticed from the consumer's point of view will not be compared for similarity.

The same or similar marks are determined as follows:

If the main design parts (key parts) such as shape, pattern and color are the same, they shall be deemed as the same design; The main design parts (major parts) of elements are the same or similar, and the minor parts are different, which shall be deemed as similar designs.

If the main design parts of the two are different or similar, they should be considered as different or similar designs. Evidence about the infringer's situation. This kind of evidence mainly proves the exact name, address, enterprise nature, registered capital, number of personnel and business scope of the infringer.

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