Methods for identifying identical or similar trademarks: taking the general attention of the relevant public as the standard, conducting overall comparison and main part comparison with the comparison objects isolated, and comprehensively considering the request for protection of the registered trademark. In terms of distinctiveness and popularity, if there is no difference between the trademark accused of infringement and the plaintiff's registered trademark, they will be deemed to be the same. If the glyphs, pronunciations, meanings or the overall structure of the combination of its elements are similar, they will 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 as 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 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.