1. Examine the main body of the trademark pattern
Trademark patterns are usually not single and are often composed of multiple components, but overall they can be divided into major parts and minor parts. When determining whether a trademark is identical or similar, its main parts should be examined. So, how to determine the primary and secondary parts of a trademark? Factors available for reference are: a. The amount, the main part usually occupies the majority of the trademark pattern, and the secondary part occupies a minority; b. The area, usually the main part occupies the largest area of ??the trademark pattern, and the secondary part occupies the minority. The area is small; c. Meaning, that is, depending on the main meaning of the trademark pattern, the part that expresses the main meaning of the trademark pattern is usually the main part of the trademark, and the part that expresses the secondary meaning of the trademark pattern is usually the secondary part; d . Whether it is obviously prominent. Generally speaking, the main part of the trademark is usually placed in the center of the trademark or the part that attracts most attention, and is more obviously prominent, while the secondary part is usually placed at the edge of the trademark pattern.
2. Isolated observation
Isolated observation means that when judging whether the trademarks are the same or similar, the two trademarks to be compared should be isolated, so that consumers can rely on their knowledge of a certain trademark. Subjective impression to determine whether another trademark is identical or similar to it. The reason for isolated observation is that consumers often choose goods or services based on their subjective impression of a certain trademark. This subjective impression is rough rather than precise, and is formed before consumers purchase the goods or services. . There is no reason to require consumers to go to the market with a certain trademark in mind before purchasing the goods they need. At the same time, this subjective impression is formed before consumers purchase goods or services, so isolated observation must be done at different times and in different places, and observations and comparisons must be made on different occasions.
3. Whole-body observation
Whole-body observation means that when comparing whether two trademarks are identical or similar, the entire content of the trademark should be observed and cannot be limited to a part of the trademark. Sometimes, a certain part of two trademarks may be the same or similar, but overall there is a big difference between the two trademarks. In this case, the two trademarks cannot be deemed to be the same or similar. Similarly, a certain part of two trademarks may not be the same or similar, but if ordinary consumers can conclude that the two trademarks are the same or similar when viewed as a whole, they should be deemed to be the same or similar. Similar trademarks