Violation of unfair competition and infringement of trademark rights can be prosecuted at the same time.

Key points for judging the two types of behavior

1. Whether an operator has exceeded the legal business scope and violated administrative licensing laws and regulations does not affect its legal exercise to stop trademark infringement and unfair competition civil rights.

2. The Anti-Unfair Competition Law does not restrict operators from having a direct competitive relationship, nor does it require them to engage in the same industry. There is an indirect competitive relationship between operators, and if the actor violates the provisions of the Anti-Unfair Competition Law and harms the legitimate rights and interests of other operators, it shall also be determined as an act of unfair competition.

Unfair competition behavior definition:

Unfair competition behavior refers to operators adopting illegal or contrary to recognized business ethics in market competition. Competing with other operators. In real life, unfair competition behaviors are diverse and numerous. Therefore, the competition legal systems of various countries often first make general provisions on unfair competition behaviors, and then specifically list typical, prominent, and serious unfair competition behaviors within a certain period of time and expressly prohibit them.

Trademark infringement definition:

Trademark infringement (TRADEMARKINFRINGEMENT) is: trademark infringement, which means that the perpetrator uses the same or similar goods with the registered trademark without the permission of the trademark owner. Trademarks that are identical or similar to the trademark, or other behaviors that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to cease the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal liability.