The basis for judging trademark similarity is: Article 9 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases". The top ten laws stipulate that if the trademark accused of infringement is similar to the original trademark in terms of text, pronunciation, graphics, color, or the overall structure of the combination of its various elements, which is likely to cause misunderstanding by the relevant public, it shall be deemed to be similar.

Legal Basis

Article 9 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases"

Article 57 of the Trademark Law The trademarks specified in Items (1) and (2) are identical means that there is basically no visual difference between the trademark accused of infringement and the plaintiff's registered trademark.

Trademark similarity stipulated in Article 57 (2) of the Trademark Law refers to the difference in the font, pronunciation, meaning or graphics of the trademark accused of infringement when compared with the plaintiff’s registered trademark. The composition and color, or the overall structure of the combination of its various elements, or the similarity of its three-dimensional shape and color combination, may easily cause the relevant public to misunderstand the source of the goods or think that their sources are specifically related to the goods with the plaintiff's registered trademark.