Trademark similarity means that the trademark accused of infringement is similar to the plaintiff’s registered trademark in terms of the font, pronunciation, meaning, composition and color of graphics, or the overall structure of the combination of its elements. , or its three-dimensional shape and color combination are similar, which may easily cause the relevant public to misunderstand the source of the goods or think that their sources are specifically related to the goods with the plaintiff's registered trademark.
At the same time, when determining whether the trademarks are similar, the distinctiveness and popularity of the registered trademark requested for protection should be considered.
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases"
Article 9 The trademarks specified in Article 52(1) of the Trademark Law are the same , means that compared with the trademark accused of infringement and the plaintiff’s registered trademark, there is basically no visual difference between the two.
Trademark similarity as stipulated in Article 52(1) of the Trademark Law refers to the difference in the font, pronunciation, meaning or graphics between the trademark accused of infringement and the plaintiff's registered trademark. The composition and color, or the overall structure of the combination of its various elements, or the similarity of its three-dimensional shape and color combination, may easily cause the relevant public to misunderstand the source of the goods or think that their sources are specifically related to the goods with the plaintiff's registered trademark.
Article 10: The people's court shall, in accordance with the provisions of Article 52(1) of the Trademark Law, determine that trademarks are identical or similar in accordance with the following principles:
(1) Based on relevant The general attention of the public shall be the standard;
(2) It is necessary to compare the trademark as a whole and the main parts of the trademark. The comparison should be done with the comparison objects isolated. Proceed separately;
(3) To determine whether the trademarks are similar, the distinctiveness and popularity of the registered trademark requested for protection should be considered.