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How to judge whether a trademark is infringing?
Legal analysis: it is generally necessary to judge whether the alleged infringement constitutes trademark use in the sense of trademark law. Trademark use refers to the use of trademarks in commodities, commodity packages, containers, service places and trading documents, or in commercial activities such as advertisements and exhibitions to identify the source of commodities or services. To judge whether a trademark is used, we should comprehensively consider the user's subjective intention, use mode, publicity mode, industry practice, consumer cognition and other factors. A trademark identical to a registered trademark refers to a trademark suspected of infringement that is exactly the same as the registered trademark of others, and is basically indistinguishable from a sound trademark in visual effect or auditory perception, which is difficult for the relevant public to distinguish. A trademark similar to a registered trademark refers to a trademark suspected of infringement that is similar to a registered trademark of another person in terms of font, pronunciation and meaning, or the composition, coloring and appearance of a graphic trademark, or the overall arrangement and combination of words and graphic trademarks, or the shape and appearance of a three-dimensional symbol of a three-dimensional trademark, or the color and combination of a color combination trademark, or the auditory perception of a sound trademark, or the overall musical image. To judge whether the trademarks are the same or similar, the registered trademark of the obligee should be compared with the trademark suspected of infringement. When judging a trademark that is the same as or similar to a registered trademark, we should take the general attention and cognitive ability of the relevant public as the standard, and adopt the methods of isolated observation, overall comparison and main part comparison to identify it. In the judgment of trademark infringement, if an approximate trademark is used on the same kind of goods or services, or the same or similar trademark is used on similar goods or services, it should also be judged whether it is easy to cause confusion.

Legal basis: Article 57 of the Trademark Law of People's Republic of China (PRC) commits any of the following acts, all of which are violations of the exclusive right to use a registered trademark:

(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;

(3) selling goods that infringe upon the exclusive right to use a registered trademark;

(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;

(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;

(seven) causing other damage to the exclusive right to use a registered trademark of others.