Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes (hereinafter referred to as Judicial Interpretation) stipulates that "the people's court shall follow the following principles when determining that trademarks are identical or similar according to the provisions of Item (1) of Article 52 of the Trademark Law: (1) The general concern of the relevant public shall be the standard; (2) It is necessary to compare both the whole trademark and the main parts of the trademark, and the comparison should be carried out separately in the isolated state of the comparison object; (3) When judging whether the trademarks are similar, consideration should be given to requesting protection of the distinctiveness and popularity of registered trademarks. " Regarding the concept of "relevant public", Article 8 of the judicial interpretation stipulates: "The relevant public mentioned in the Trademark Law refers to consumers related to a certain type of goods or services marked by trademarks and other operators closely related to the marketing of the aforementioned goods or services."
legal ground
The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of trademark civil disputes.
eight
According to Item (1) of Article 52 of the Trademark Law, the people's court shall follow the following principles when determining that trademarks are identical or similar: (1) Take the general concern of the relevant public as the standard; (2) It is necessary to compare both the whole trademark and the main parts of the trademark, and the comparison should be carried out separately in the isolated state of the comparison object; (3) When judging whether the trademarks are similar, the distinctiveness and popularity of the registered trademarks should be considered. Regarding the concept of "relevant public", Article 8 of the judicial interpretation stipulates: "The relevant public mentioned in the Trademark Law refers to consumers related to a certain type of goods or services marked by trademarks and other operators closely related to the marketing of the aforementioned goods or services."