Count. The patented product of design is a commodity with more daily life than the patented product of invention and utility model. Ordinary consumers tend to ignore the nuances of similar products, while professionals can easily distinguish them. The judgment of design patent infringement should be based on the aesthetic observation ability of ordinary consumers. For the same or similar products, if ordinary consumers generally pay attention to avoid confusion, it does not constitute infringement, and if ordinary consumers still pay attention to confusion, it constitutes infringement. How to judge whether the patent of jewelry appearance is infringing? One: judging whether the accused infringing product is the same as or similar to the patented product of design by naked eye observation should be based on whether the ordinary consumer will be confused when observing with naked eye. For the part that can't be observed by naked eyes, it can't be analyzed and compared by means of instruments or chemical means. Observation should be based on the similarity and difference of the easily visible parts of the product. Two. Direct comparison In the specific judgment, first of all, the patented product of design and the accused infringing product should be placed separately, and there should be a certain interval in time and space when observing. This isolated observation method can make the judges have an intuitive feeling about the two products, which is the first impression. Secondly, put the two products together, and the judges will directly compare and analyze the designs of the two products, describe the similarities and differences between them, regard perceptual knowledge as rational knowledge, and finally draw a conclusion whether they are the same or similar.

Legal basis: Article 61 of the Trademark Law of People's Republic of China (PRC), the administrative department for industry and commerce has the right to investigate and deal with violations of the exclusive right to use a registered trademark according to law; Suspected of committing a crime, it shall be promptly transferred to judicial organs for legal treatment. Article 62 of the Trademark Law of People's Republic of China (PRC) * * * The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with acts suspected of infringing upon the exclusive right to use a registered trademark of others on the basis of evidence or reports of alleged violations: (2) Consult and copy contracts, invoices, account books and other relevant materials related to infringement activities of the parties; (three) to conduct on-site inspection of the places where the parties are suspected of engaging in activities that infringe upon the exclusive right to use registered trademarks of others; (4) Examining articles related to infringement activities; Articles that have evidence to prove that they infringe upon the exclusive right to use registered trademarks of others may be sealed up or detained. When the administrative department for industry and commerce exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct. In the process of investigating trademark infringement cases, if there is a dispute over trademark ownership or the obligee brings a trademark infringement lawsuit to the people's court at the same time, the administrative department for industry and commerce may suspend the investigation of the case. After the reasons for suspension are eliminated, the investigation and handling procedures of the case shall be resumed or terminated.