whether different categories of trademarks with the same name constitute infringement depends on the product's relevance, popularity and whether it has been registered. If only the words of ordinary trademarks are the same and the products or services they operate are different, it does not constitute infringement.

1. Criteria for determining trademark infringement

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 commodity, or using a trademark identical to or similar to its registered trademark on similar commodities is likely to lead to confusion;

3. selling goods that infringe the exclusive right to use a registered trademark;

4. Forging or manufacturing others' registered trademark logos without authorization or selling forged or manufactured registered trademark logos without authorization;

5. 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 providing convenience for 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;

7. causing other damage to the exclusive right to use a registered trademark of others

2. What are the trademarks

1. A trademark is a mark used on goods or services, which cannot be separated from and attached to goods or services. It is not a labor product for exchange, and its logo is not a trademark.

2. A trademark is a sign that distinguishes it from other people's sources of goods or services, and it has a particularly remarkable distinguishing function, thus facilitating consumers' identification. The composition of a trademark is an artistic creation.

3. A trademark is a visible sign composed of words, graphics, letters, numbers, three-dimensional signs and colors, and the combination of the above elements.

4. Trademarks are exclusive. The purpose of using a trademark is to distinguish it from other people's goods or services and make it easy for consumers to identify it. Therefore, the owner of a registered trademark has the exclusive right to use his trademark and is protected by law. Without the permission of the owner of the registered trademark, no one may use the same or similar trademark without authorization, otherwise, it will constitute an infringement of the exclusive right to use the trademark of the owner of the registered trademark and will bear corresponding legal responsibilities.

5. A trademark is an intangible asset with value. A trademark represents the quality and reputation of the trademark owner's production or operation and the reputation and image of the enterprise. The trademark owner makes the trademark valuable and increases the added value of the goods through the creativity, design, application for registration, advertising and use of the trademark. The value of a trademark can be determined by evaluation. A trademark may be transferred with compensation, and others may use it with the consent of the trademark owner.

6. Trademarks are carriers of commodity information and tools to participate in market competition. The competition between producers and operators is the competition between the quality and reputation of goods or services, and its manifestation is the competition of brand awareness. The higher the brand awareness, the stronger the competitiveness of its goods or services.

III. Trademark infringement

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 commodity or using a trademark identical to or similar to its registered trademark on similar commodities will easily lead to confusion;

3. Selling goods that infringe the exclusive right to use a registered trademark;

4. Forge or make a registered trademark logo of others without authorization or sell a forged or made registered trademark logo without authorization;

5. Without the consent of the trademark registrant, change its registered trademark and put the goods with the changed trademark on the market again;

6. Deliberately provide convenience for the infringement of others' exclusive right to use a trademark and help others to commit the infringement of the exclusive right to use a trademark;

7. causing other damage to the exclusive right to use a registered trademark of others.

iv. The following situations do not belong to trademark infringement

1. The use of prior rights does not constitute trademark infringement.

users make proper use of the marks in which they enjoy rights. If you use your name, trade name or other marks properly. Because the user's prior rights are legal, its proper use does not constitute trademark infringement.

2. Indicative use does not constitute trademark infringement.

the reasonable use of another person's registered trademark by the user to indicate the purpose of the goods or services does not constitute trademark infringement. For example, a certain brand of ink cartridges reasonably indicates that they are dedicated to a certain brand of printers.

3. descriptive use does not constitute trademark infringement.

Legal basis

Article 57 of the Trademark Law of the People's Republic of China commits any of the following acts, which are all 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 commodity, or using a trademark identical to or similar to its registered trademark on similar commodities may easily lead to 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;

(5) changing its registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again;

(6) intentionally providing convenient conditions for 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;

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

article 59 where a registered trademark contains a generic name, figure or model of the commodity, or directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity, or contains a place name, the exclusive right to use a registered trademark has no right to prohibit others from properly using it.

the exclusive right holder of a registered trademark of a three-dimensional mark has no right to prohibit others from properly using the shape of the commodity itself, the shape of the commodity needed to obtain technical effects or the shape that makes the commodity have substantial value.

before the trademark registrant applies for trademark registration, if someone else has used a trademark that is the same as or similar to the registered trademark and has certain influence before the trademark registrant, the exclusive right holder of the registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require him to attach an appropriate distinguishing mark.