1、 The meaning of trademark similarity trademark similarity refers to the similarity of the font, pronunciation and meaning of trademark words, the similarity of the composition, coloring and appearance of trademark graphics, or the overall arrangement and combination of words and graphics, the similarity of the shape and appearance of three-dimensional marks of three-dimensional trademarks, and the similarity of the color or color combination of color trademarks, The use of the same or similar goods or services is likely to cause the relevant public to misunderstand the source of the goods or services

2、 Judging whether the trademarks are the same or similar is an issue that must be considered by the national trademark confirmation authority in the process of trademark registration application review, trademark case trial, trademark administrative law enforcement agency's trademark infringement investigation, court trial of trademark infringement cases, and procuratorate's handling of trademark criminal cases.

3、 Legal basis: the laws and regulations related to the identification of similar trademarks are as follows: 1 Article 10 of the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of Trademark Civil Dispute Cases (FSHI [2002] No. 32); 2. paragraphs 1 and 2 of Article 6 of the opinions of the Supreme People's court, the Supreme People's Procuratorate and the Ministry of public security on Several Issues concerning the application of law construction in handling criminal cases of intellectual property infringement (FSH [2011] No. 3); 3. trademark examination and adjudication standards issued by the Trademark Office of the State Administration for Industry and Commerce "To judge whether the trademarks are the same or similar, first of all, we should determine whether the goods or services designated for use belong to the same or similar goods or services; secondly, we should judge whether the trademarks are the same or similar from the aspects of the form, sound, meaning and overall form of expression of the trademarks themselves, based on the general attention of the relevant public, and adopt the method of overall observation and comparison of the main parts. At the same time, considering the significance of the trademarks, we should First, the popularity of trademarks and their use in the same or similar goods (services) are likely to cause confusion and misunderstanding of the source of goods (services) by the relevant public.

IV Recognition principle: Article 10 of the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of Trademark Civil Dispute Cases stipulates that "the people's court shall, in accordance with the provisions of item (1) of Article 52 of the trademark law, recognize that the trademarks are the same or similar in accordance with the following principles: (1) take the general attention of the relevant public as the standard; (2) Both the overall comparison of trademarks and the comparison of the main parts of the temple logo shall be carried out. The comparison shall be carried out separately under the isolation of the comparison objects; （3） In determining whether the trademarks are similar, the distinctiveness and popularity of the registered trademark requested for protection shall be taken into account. "The three principles here are" light "and" heavy ". In actual judgment, if the conclusion that the sued infringing trademark and the right trademark are the same or similar can be reached according to the first two principles, then the third principle need not be considered; if the conclusion that the two compared trademarks are the same or similar can not be reached according to the first two principles, then the significance and popularity of the" third principle "trademark can be considered ", the right trademark with strong significance and high popularity may be easily identified as the same or similar to the infringing trademark. That is to say, the degree of protected trademark with strong significance and high popularity is also correspondingly increased, because such trademarks are easy to be recognized by the relevant public, thus attracting the attention of the relevant public, and are also easy to be infringed and counterfeited.

In fact, in addition to these three principles, there is another factor to consider, that is, the subjective intention of the user, such as the subjective intention to deliberately use a mark similar to the trademark registered by others, It is easier to be identified that the two are similar to the provisions in the opinions of the Supreme People's Court on Several Issues concerning giving full play to the judicial function of intellectual property rights to promote the great development and prosperity of socialist culture and the independent and coordinated development of economy that "the identification of trademark similarity should also be comprehensively determined according to the actual use status, use history, relevant public cognitive status, subjective status of users and other factors".