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Determination of identical or similar trademarks

Legal analysis: The following criteria can be considered to determine whether trademarks are identical or similar: (1) The human standard means that the judgment of trademarks to be identical or similar must be based on the attention of ordinary people. Experts or people with particularly low intelligence must The attention exerted cannot be the criterion for judgment. Even ordinary people consider the specific target audience for which the product is sold. For example, whether a trademark used on women's products is identical or similar should be based on the attention of ordinary women when purchasing the product; (2) Local standards, such as an English trademark, may not be considered the same or similar in English-speaking countries. Similar, but in non-English-speaking countries, it may be regarded as the same or similar; (3) Standards of goods Generally speaking, the degree of attention that consumers pay when purchasing goods is directly proportional to the value of the goods purchased. The greater the value of the goods, the greater the value of the goods. The more attention consumers will pay; conversely, the smaller the value of the product, the less attention consumers may pay; (4) Time standards Generally speaking, consumers’ cognitive abilities tend to change with time. As knowledge grows, their identification abilities will become stronger and stronger. Even in a relatively stable period, consumers' identification abilities may change over time.

Legal basis: "Opinions on Several Issues in the Administrative Enforcement of Trademarks" of the State Administration for Industry and Commerce. Article 6 Judgment of identical or similar trademarks:

(1) Based on the approved registration The trademark shall prevail, rather than the trademark actually used by the trademark registrant;

(2) The general attention of ordinary consumers shall be used as the subjective standard for judgment, and the overall comparison shall be compared with the comparison of the salient parts of the trademark. Combined methods to make comprehensive judgments.