Abstract: The judgment of the “similar trademarks” is a legal problem, and at the same time, contains and accords with the form and connotation of the judicial identification required by a dispute of intellectual property. It is not only a technical problem but also an attribute problem of non-technique intervention with technical and legal marginality. Therefore, we are consequentially required to probe into the dialogic approach between subjects and dual objects, which is applicable to the laws for judicial judgment. Meanwhile we should, from the vision of the judgment of the “similar trademarks”, and the mental feature of the “elimination of mental set” as well as the subjects contained in its judging standards, seek for the internal mode in accord with the objective requirement of the approach and route in judging similarities.

Key words: non-technique intervention, intellectual property right, technical marginality, similar trademarks