How to identify identical and similar trademarks: Confirm with reference to the distinctiveness and popularity of the registered trademark requested for protection. According to relevant legal provisions, when the people's court determines that trademarks are identical or similar, it should take into account the distinctiveness and popularity of the registered trademark requested for protection.

Legal Basis

Article 10 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases"

The People's Court based on Article 5 of the Trademark Law According to the provisions of Article 17 (1) (2), the determination of trademarks as identical or similar shall be based on the following principles:

(1) Based on the general attention of the relevant public;

(2) It is necessary to compare the trademark as a whole and the main parts of the trademark. The comparison should be conducted separately with the comparison objects isolated;

(3) Judgment Whether the trademarks are similar or not, the distinctiveness and popularity of the registered trademark requested for protection should be considered.