1. Method for determining the distinctiveness of a trademark:

Judgement of whether a mark is distinctive cannot be done abstractly, but the goods or services to which it is intended to be attached should be considered. The concept or meaning of the mark cannot be directly related to the marked object, that is, the goods or services, or has only a small or indirect correlation. At the same time, the subjects who judge whether a certain mark is distinctive are not the examiners or judges of the Trademark Office, but ordinary consumers in the relevant market. When ordinary consumers identify a certain mark as a trademark during daily shopping, the mark is distinctive. An ordinary consumer usually looks at the trademark mark as a whole and does not examine the details of the mark. He or she has reasonable relevant knowledge and A reasonable degree of care is required, and the degree of care will vary with the type of goods or services.

2. The principles for determining similarity of trademarks are:

1. Taking the general attention of the relevant public as the standard, both the overall comparison of the trademarks and the comparison of the trademarks must be carried out. For the comparison of the main parts, the comparison should be carried out separately with the comparison objects isolated; the similarity in judging trademark infringement is not limited to the similarity of the trademark as a whole, but also includes the similarity of the main parts.

2. To determine whether the trademarks are similar, the distinctiveness and popularity of the registered trademark requested for protection should be considered.

Reference 1: /link?url=U2P2O2azlOQpVujnGkw5raUcwMpzvvGTkgKAsIHYIf7enfhDFKUW1Lk5kyzOeeE3Jltll_x_xhSkhgAoDcuAnRTDTtoLeYTKuouupBACgMJxFOKYkBaA_kzYGkLTAqnDSui_AOmA1S Qk5Gj-MjZIoa

Reference 2: http://www.chinacourt.org/article/detail/2008/12/id/ 335010.shtml