When judging whether it constitutes infringement of trademark rights, the two dimensions that need to be considered are the similarity of the trademark logo and the similarity of the goods designated by the trademark; and whether it is likely to cause confusion. If the brand names are both called "Polar Bear" and one of the products is a washing powder and the other is a refrigerator, consumers will not be easily confused because the products are very different. At this time, the two trademarks do not interfere with the river water and can be peacefully separated. If both parties have trademarks used on mobile phones, one is named "Huawei" and the other is named "Apple", the two trademarks are very different and do not infringe on each other.

When judging whether trademarks and logos are identical, the commonly used reference standard is whether "the general attention of the relevant public" can distinguish them, which is done through "overall observation" and "isolated comparison". This method essentially simulates the situation of our consumers recognizing brands and shopping in the market. In supermarkets, if consumers want to buy their favorite brand products, they usually look for them based on what the brand looks like in their memory. Once they find it, they don’t confirm it very carefully. They just take a quick glance and put it into their shopping list. basket. However, the relevant publics for different types of goods are not the same group, and the degree of general attention they pay is also different. For example, consumers related to medical devices generally have professional knowledge, and when purchasing jewelry, consumers pay significantly more attention than when purchasing daily consumer goods in supermarkets.

When judging the degree of similarity of goods, factors such as the function, use, production department, sales channel, and consumer target of the goods need to be considered. Coke and mineral water are both thirst-quenching drinks and are usually placed on the same shelf in supermarkets and are similar products. When making specific judgments, the classification of goods and services provided by the Nice Agreement is an important reference. Of course, if there is sufficient evidence to prove that although two products do not belong to the same category, consumers will think that there is a specific connection between them, then you can also try to overturn the classification table.