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Will the use of marks similar to well-known trademarks constitute infringement?
Well-known trademark refers to a trademark type officially recognized by the Trademark Office of the State Administration for Industry and Commerce of China according to the application of enterprises, which is widely known to the public and enjoys a high reputation in China. The protection of well-known trademarks is not limited to the same or similar goods or services. When applying for registration or using different or similar goods, registration shall not be granted and use shall be prohibited. Therefore, well-known trademarks are endowed with relatively extensive exclusive rights. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes, copying, imitating and translating a well-known trademark registered by others or its main parts used as trademarks on different or similar goods, misleading the public and possibly harming the interests of the registrant of the well-known trademark is an act of trademark infringement. In other words, whether it constitutes misleading the public is one of the necessary elements to judge whether it is infringement. Misleading the public means that the infringer's infringement makes the public confused about the source of the goods and mistakenly thinks that the infringing products are produced or licensed by the trademark owner. If the disputed product in this case meets the above conditions, it has infringed your company's trademark.