Question: How Are Identical and Similar Trademarks Determined?

A people’s court applies the following principles under Article 57(1) and (2) of the Trademark Law:

(1) use the ordinary level of attention of the relevant public;

(2) compare both the marks as a whole and their principal parts, with the objects compared separately in isolation;

(3) consider the distinctiveness and reputation of the registered trademark for which protection is sought.

The relevant public includes consumers associated with the type of goods or services identified by the trademark and other business operators closely involved in their marketing.

For further details, refer to the Trademark Infringement Determination Standards and other applicable rules.