Methods to determine whether trademarks are identical or similar: take the general attention of the relevant public as the standard, conduct overall comparison and main part comparison with the comparison objects isolated, and comprehensively consider the request for protection of the registered trademark Judgment of significance and popularity.

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.

Article 10

In accordance with the provisions of Article 57 (1) (2) of the Trademark Law, the People's Court shall determine that trademarks are identical or similar in accordance with the following principles:

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(1) Taking the general attention of the relevant public as the standard;

(2) Comparing not only the overall trademark, but also the main parts of the trademark. The comparison should be conducted separately with the comparison objects isolated;

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