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How to determine whether a trademark is identical or similar

Legal analysis: According to the provisions of Article 52 (1) of the Trademark Law, the people's court determines that trademarks are identical or similar in accordance with the following principles: (1) Based on the general attention of the relevant public ; (2) It is necessary to compare the trademark as a whole, as well as the main parts of the trademark, and the comparison should be conducted separately with the comparison objects isolated; (3) To determine whether the trademarks are similar, the request should be considered Protect the distinctiveness and popularity of registered trademarks.

Legal basis: Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark: (1) Without the authorization of the trademark registrant (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using the same trademark as its registered trademark on similar goods. or similar trademarks that are likely to cause confusion; (3) selling goods that infringe the exclusive rights of registered trademarks; (4) counterfeiting or making without authorization registered trademark signs of others or selling counterfeit or making without authorization registered trademark signs; (5) not With the consent of the trademark registrant, the registered trademark is replaced and the goods with the changed trademark are put into the market; (6) Intentionally providing facilities for infringement of other people’s exclusive rights to trademarks and helping others to infringe the exclusive rights of trademarks; (7) Causing other damage to the exclusive right to use registered trademarks of others.