For the determination of trademark infringement, the following points need to be grasped: 1. Follow the principle of protecting registered trademarks. The exclusive right to trademark is generated through registration, during which it has gone through legal procedures and strict review. Therefore, , after the exclusive right of a trademark is established, it should be protected within the scope of the law. Even a trademark that is considered improperly registered should be protected before being revoked. In accordance with the provisions of Article 25, Paragraph 5 of the "Trademark Enforcement Rules", the decision or ruling to cancel a registered trademark shall not be retroactive to the decision to handle trademark infringement cases made and executed by the industrial and commercial administrative authorities before the cancellation. and force. After the validity period of a registered trademark expires, during the 6-month extension period stipulated by law, if the original registered trademark owner has not filed an application for renewal, or the renewal application is rejected, others will use the same or similar trademark during this period. Trademark does not constitute trademark infringement; if the owner of the original registered trademark applies for renewal and is approved, and others use the same or similar trademark as the trademark during this period, it will constitute trademark infringement. 2. Reasonable determination of similar trademarks Similar trademarks refer to the glyphs, pronunciations, meanings of words, the composition and color of graphics, or the overall structure of words and graphics, which, when compared with registered trademarks, may easily cause consumers to misunderstand the source of the goods. 's trademark. Determining similar trademarks requires detailed analysis of specific circumstances. Comparisons are mainly made from the sound, shape, and meaning of the trademark, combined with factors such as composition, color, and overall structure, and a combination of isolated observation, overall observation, and key part observation is adopted. Make a comprehensive judgment. In the determination, the basic conditions should be considered as being likely to cause consumers to misunderstand the source of the goods, but the necessary conditions should not be considered as causing actual misunderstandings. To determine that trademarks are similar, the approved registered trademark text, graphics or combination thereof shall prevail, rather than the trademark actually used by the registered trademark owner, because the trademark actually used by the registered trademark owner is sometimes different from the approved registered trademark. Totally consistent. It is worth pointing out that the standards for registration and management are the same when it comes to determining trademark similarity, but there are sometimes slight differences in handling individual cases. The reason is that registration is a static determination and management is a dynamic determination. For example: "00l" is a registered trademark used by one company on TV reception lines. Another company uses the "cct" trademark on the same product and applies for registration to the Trademark Office. From a registration perspective, "cct" is not similar to "001", but from a management perspective, the actual font, arrangement, and overall appearance of "cct" are similar to "001". 3. Correctly determine similar goods. Similar goods refer to the use of a trademark that is the same as or similar to a registered trademark and is similar to the goods approved for use with the registered trademark in terms of functions, uses, raw materials, production enterprises, consumer objects, sales channels, etc. Products that are likely to cause consumers to misunderstand the source of the product. To determine similar goods, the premise is the relationship between the goods and the relationship between the goods and the trademark. Goods that have the same functions and uses, and have the same consumer targets and sales channels are generally regarded as similar goods. However, the raw materials and production companies of the goods can clearly indicate the source of the goods and will not cause confusion among consumers. If misidentified, they should not be deemed to be similar goods. If there is a specific connection between the goods and services, and the use of the same or similar trademarks will easily make consumers think that the goods or services are provided by the same enterprise, the goods and services should be deemed to be similar. In order to facilitate registration and management, my country has adopted the International Classification of Goods and Services for trademark registration, which divides goods and services into 42 categories, and each category is divided into several groups; at the same time, the Trademark Office also has internal distinctions between similar goods. Master the standards. Although the above two standards are not the basis for classifying similar goods, they can be used as a reference for identifying similar goods. Judging from the actual situation, there are tens of millions of goods and services. With the development of science and technology and changes in economic needs, some goods and services are not reflected in the classification table and distinction table. Moreover, things that were similar in the past may not be similar now, and things that were not similar in the past may be similar now. It does not mean that things of the same type and the same group are similar, nor does it mean that things of different types and different groups are not similar. This requires specific analysis of specific situations in management and consistency with the standards mastered by registration. To determine similar goods, the goods for which the registered trademark is approved should be used as the standard, rather than the goods actually used by the owner of the registered trademark.

4. Do not make trade-offs based on the quality of goods. Trademarks are a sign that distinguishes the source of goods. They have the function of indicating the quality of goods, but it is not the main function. The provisions of the Trademark Law include the content of supervising the quality of goods, but the main content is to protect the goods. Exclusive right to register a trademark. Therefore, in specific infringement cases, the quality of the goods does not affect the determination of trademark infringement. If others use a trademark that is identical or similar to a registered trademark without authorization, even if the quality of their goods is better than that of the owner of the registered trademark, it shall be deemed a trademark infringement. As for the owner of a registered trademark whose goods are of low quality, shoddy or passed off as good, which constitutes deceiving consumers, other provisions of the Product Quality Law and the Trademark Law can be applied, and it has no direct connection with the determination of trademark infringement. . 5. Do not give up the illegal use of the registered trademark owner. The exclusive right to use a trademark is a civil right, and the registrant has the right to exercise its rights within the scope of the law. If the registrant violates the Trademark Law and the Implementing Rules of the Trademark Law during the use of a registered trademark, relevant provisions may be applied and the registrant shall be required to bear corresponding administrative legal responsibilities, but this will not affect the determination of trademark infringement. . In this case, if others use a trademark that is identical or similar to the registered trademark without authorization, it shall be deemed as trademark infringement. The illegal use of registered trademark owners mainly includes: changing the words, graphics or combinations of registered trademarks on their own; stopping use for three consecutive years; not indicating the registered words or marks when using the registered trademark. Since the exclusive right to use a trademark is a civil right, if the owner of a registered trademark engages in the above-mentioned illegal use during the exercise of rights, that is, there is a subjective fault and the resulting infringement causes others to infringe, the infringer is not liable for infringement. 6. Reasonable definition of normal use. The unauthorized use of words and graphics that are the same as or similar to a registered trademark does not necessarily constitute trademark infringement: if such use is in a normal manner, it does not constitute trademark infringement