Semantic similarity as one of the aspects of linguistic analysis of trademarks in the fi eld of forensic linguistics

Abstract

The paper deals with the problems of linguistic analysis of nominations (trademarks). Linguistic analysis of trademarks is necessary for identifying factors of similarity and distinction between trademarks. The problem is that trademarks similar to the possibility of confusion with other, already registered trademarks, are forbidden for registration and legal rights reservation. The paper discusses factors to be taken into account in analyses for trademarks’ similarity and distinction. Semantic similarity may concern different aspects of a trademark. Therefore linguist-expert should use different strategies of analysis depending on the characteristics of semantic similarity. The paper considers trademarks which require taking into account the following similarity factors: weak and strong positions of trademark components, complete and by-component analysis of the trademark, investigation of the associative potential of trademark components. For instance, in trademarks PLATINUM, PLATIUS, PLATINA, PLATIUS and their Cyrillic equivalents ПЛАТИНА, ПЛАТИУС, the components PLATand ПЛАТare in a weak position, because there exist a lot of registered trademarks with the initial component PLATand ПЛАТ(PLATIO — ПЛАТИО; PLATINION — ПЛАТИНИОН; PLATIDO — ПЛАТИДО, etc.). On the other hand, linguistic research of the trademark DRIVE CAFÉ and the Cyrillic trademark КОФЕ ДРАЙВ (lit. COFFEE DRIVE) requires that each component of these trademarks should be analyzed. The paper also shows that an analysis of the similarities and differences between the trademarks KUKAMA and KUMALA can only succeed if the associative potential of these names is investigated. A specifi c problem in trademark similarity analysis involves the visual component of nominations compared. Many trademarks Семантическое сходство как один из аспектов... 19 represent combinations of verbal and graphic components. The paper emphasizes that a study of visual trademark components require a special metalanguage which is currently being developed.