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How to determine trademark infringement?

Methods for judging trademark infringement:

1. The trademark infringer should subjectively have the intention to infringe;

2. The perpetrator objectively committed the forgery. , manufacturing, selling, or altering other people's trademarks without authorization, or using or replacing other people's trademarks without the permission of the trademark registrant;

3. Infringement should cause actual losses.

Legal Basis

Article 57 of the Trademark Law of the People's Republic of China

Anyone who commits any of the following acts shall be deemed to have infringed upon the registration. Exclusive right to trademark:

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

(2) Without trademark registration Use a trademark that is similar to the registered trademark on the same product, or use a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion;

(3) Sales infringement of registration goods with exclusive rights to trademarks;

(4) Counterfeiting or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Without trademark registration The registrant agrees to change its registered trademark and put the goods with the changed trademark back into the market;

(6) Deliberately providing facilities for infringing the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks ;

(7) Causing other damage to the exclusive right to use registered trademarks of others.