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

"Relevant public" refers to consumers related to a certain type of goods or services identified by the trademark and other operators closely related to the marketing of the aforementioned goods or services, specifically including: (1) Goods Producers or service providers; (2) Consumers of goods or services; (3) Operators and relevant personnel involved in the distribution channels of goods or services. When making an approximate judgment, the examiner must return to the market and use the attention of general market entities (especially consumers) as the standard. The so-called general attention of ordinary consumers is neither experts nor individual careless people. Instead, we should choose to use the ordinary, ordinary, and general attention of the majority of the public as the standard.

(2) It is necessary to compare the trademark as a whole and its main parts, but also to compare the trademarks separately in isolation.

1. The "overall comparison method" is also called the overall trademark observation and comparison method. It means that when judging whether the trademarks are the same or similar, the trademarks are observed as a whole, rather than just Separate each component of the trademark and compare it separately. As an identification mark of the source of goods or services, a trademark is composed of various trademark elements. What is left in the memory of the relevant public is the overall impression of the trademark, rather than being limited to certain individual elements that constitute the trademark. When two trademarks are different in their specific constituent elements, but as long as they are combined as a whole, the resulting overall visual effect is still likely to misunderstand the relevant public, they should be deemed to be similar trademarks. On the contrary, if some of the constituent elements of two trademarks may be the same, but as a whole they will not confuse the relevant public, that is, the overall visual effect is different, they cannot be determined to be similar trademarks.

2. The "main part comparison method" refers to observing and comparing the most prominent, core and most likely to attract the attention of the relevant public. The part that remembers impressions. Generally speaking, the larger part of the trademark, the prominent part, the text part (especially the Chinese character), the famous part, etc., will have a deep impression on the relevant public and directly occupy the cognitive effect of the entire trademark, and should be used as the main part. Partial comparison and identification.

3. Compare the "isolated observation methods". From the perspective of review practice, to determine whether trademarks are similar is not to carefully compare two trademarks together, but to observe them in isolation. Through isolated observation, the meaning expressed by a certain part of the trademark mark becomes stronger, and other parts become an accessory to this strong meaning. In this case, the relevant public is prone to confusion and misunderstanding. Especially when one part of the trademark is not closely related to other parts, the isolated observation method is often used to determine whether the trademark is similar.

(3) It must be specific enough to analyze the specific situation.

However, using other people’s brands in Taobao titles may infringe on other people’s trademark rights. It is recommended to apply for your own trademark.