因商标构成要素之间的差异,在商标近似性判断中也会由此存在认定规则上的不同。笔者以中文商标与外文商标为研究对象,结合具体案例对二者近似性判断的规则进行梳理与总结,从判断主体、判断标准、判断方式、判断依归等四方面进行分析、界定,以求能有益于司法实践中对该问题的统一认知。 Due to the differences between the constituent elements of the trademark, there will also be differences in the rules of affirmation in the judgment of the similarity of trademarks. The author takes the Chinese trademark and the foreign trademark as the research object, combs and concludes the rules of the approximate judgment of the two with the specific case, analyzes and defines the subject, the judgment standard, the judgment method and the judgment, so as to seek This is beneficial to the uniform cognition of this issue in judicial practice.