(1) The principle that ordinary buyers can distinguish with ordinary attention.

When a buyer purchases a certain brand of goods he needs in the market, he always bases his memory on a certain trademark or the impression left by this trademark on his mind. This kind of memory and impression is imprecise, or vague, and buyers usually remember only certain characteristics of the trademark. If two trademarks have the same characteristics so that ordinary buyers cannot distinguish them with ordinary attention, they are similar trademarks. For example, whether various trademarks of household necessities are similar should be judged by whether the household owner can distinguish them with ordinary attention when purchasing the goods. French jurisprudence uses this as the standard for determining trademark similarity. The so-called general purchaser should be the final consumer, and should not include middlemen and connoisseurs with special hobbies, because the latter have specialized experience and will pay special attention to the trademark when purchasing, and generally will not cause disputes due to similarity of the trademarks. Confused. The United States, Canada, Germany, Belgium, Italy, Switzerland and other countries also adopt this principle.

(2) Principles of overall observation and comparison of main parts.

Whether two trademarks are similar should be observed based on the trademark as a whole. This principle is adopted by most countries.

In France, this principle applies to all types of goods, including word trademarks, graphic trademarks and joint trademarks. For example, MONORPIX and MENUPRIX, THERMOR and THERMAX are all deemed to be similar.

Germany also adopts the principle of overall observation when judging the similarity of trademarks, but in jurisprudence it divides the effectiveness of trademarks into strong ones and weak ones. Where a word mark is short, it is easy for consumers to remember and recognize it. Whether it is similar or not When making an overall observation, a wider identification standard is adopted: on the other hand, if the trademark consists of more than two characters, in addition to the overall observation, each character must be observed separately. Regarding concept trademarks (including intellectual trademarks), German courts have also banned concepts that are similar, such as "You and I" (Duundlch) and "He and She" (Eramp; Sie), both of which are accompanied by two coffee pot patterns. ) two trademarks, this was done.

Belgium also does not allow trademarks with similar concepts. For example, "PerleduTokyo" and "PerleduJapan" are regarded as similar in concept.

Japan also observes the cases as a whole. For example, the trademark aCONTINENTAL, whose logo uses all capital letters, has the same text as the logo, but only the first letter is in uppercase and the rest are in lowercase? Continental ?, regarded as approximate.

(3) Principle of isolated observation

To identify whether a trademark is similar, it is not to carefully compare two trademarks together, but to observe them in isolation. Isolated observation makes a certain part of the mark of a trademark stronger in meaning, while the remaining part becomes an addition to the strong meaning. In this case, ordinary buyers are prone to misunderstanding. Especially when one part of a trademark is not closely related to the rest, isolated observation is often used to determine whether trademark similarity exists.

(4) Principle of visibility of registered trademarks

Some well-known trademarks or well-known trademarks, because they enjoy high recognition among the relevant public, they indicate goods or services. The source function is more intense. Even if additional elements are added to this type of trademark, it will be difficult to change the relevant public’s understanding of its origin because the more well-known parts have a strong role in indicating the origin.