Trademark similarity as stipulated in Article 52(1) of the Trademark Law refers to the difference in words, pronunciation, meaning or graphic composition between the trademark accused of infringement and the plaintiff’s registered trademark. The color, or the overall structure of the combination of its elements is similar, or the three-dimensional shape and color combination are similar, which may easily cause the relevant public to misunderstand the source of the product, or think that its source has a specific connection with the product with the plaintiff's registered trademark.

Key points for identification of similar trademarks:

1. Similar trademarks exist in comparison with registered trademarks. Without a registered trademark, there is no similar trademark targeted in the determination of trademark infringement. .

2. A similar trademark is a trademark that is not exactly the same as a registered trademark. If they are exactly the same, they constitute the same trademark as the registered trademark and are no longer similar trademarks.

3. A similar trademark is a trademark that is the same or similar to a registered trademark in shape, pronunciation or meaning. If they are neither identical nor similar, then they are two completely different trademarks, and there is no question of similar trademarks anymore.

4. When judging similar trademarks, the so-called similarity has reached a level that is likely to cause confusion, that is, when the trademark is used on the same or similar goods as the registered trademark, ordinary consumers may not Creates a misconception about the origin of goods. If there is no misunderstanding, it is not a similar trademark.

5. If the applied trademark is in English, the corresponding Chinese meaning must be examined for comparison. If the main English components have corresponding Chinese meanings, the corresponding Chinese meanings have also been registered first. It is a similar trademark, such as subway, and the corresponding similar trademark subwayMetro.