Legal Subjectivity:

Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark: (1) Using another trademark on the same product without the permission of the trademark registrant The registered trademark is the same as the trademark. (2) Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which may easily lead to confusion. (3) Selling goods that infringe the exclusive rights of registered trademarks. (4) Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks. (5) Without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put into the market. (6) Intentionally providing convenient conditions for infringement of other people's exclusive trademark rights and helping others to carry out infringement of trademark exclusive rights. (7) Causing other damage to the exclusive right to use registered trademarks of others. Article 57 of the "Trademark Law of the People's Republic of China" is legally objective:

A trademark is a commercial identifier that distinguishes the source of goods or services. With the further development of the economy, market competition has further intensified, coupled with factors such as local protection and the crazy pursuit of profits from infringement, trademark infringements occur from time to time. However, trademark rights are artificially divided into "forbidden" (right to disable) and "executive" (right to exclusive use). In terms of "operation", the effect of the right only extends to the approved registered trademark and the goods or services approved for use (Article 51 of the Trademark Law), but in terms of "prohibition", the trademark owner has the right to prohibit others from not using it. Use a similar trademark on similar goods or services with permission (Trademark Law, Article 52 (1)). This makes the task of determining trademark infringement very complex and arduous. In view of this, the author of this article intends to conduct a discussion on the relevant content of trademark infringement to facilitate future work. 1. Types of trademark infringement Article 52 of the Trademark Law of the People's Republic of China stipulates five types of infringement of the exclusive right to register a trademark: 1. Infringement of the exclusive right to use a registered trademark without the permission of the trademark registrant. Use a trademark that is identical or similar to its registered trademark on the goods. This article can be further divided into four forms of trademark infringement: a. The trademark accused of infringement is the same as the registered trademark, and the goods used by the accused infringed trademark are also of the same category as the goods approved for use by the registered trademark. b. The trademark accused of infringement is the same as the registered trademark, and the goods used in the accused trademark are similar to the goods approved for use by the registered trademark. c. The trademark accused of infringement is similar to the registered trademark, and the trademark used by the accused trademark belongs to the same category as the goods approved for use by the registered trademark. d. The trademark accused of infringement is similar to the registered trademark, and the goods used in the accused trademark are similar to the goods approved for use by the registered trademark. 2. Selling goods that infringe the exclusive rights of registered trademarks; 3. Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks; 4. Changing the registered trademark without the consent of the trademark registrant and replacing the registered trademark with the trademark. The goods with changed trademarks are put on the market again. This behavior is also called "reverse counterfeiting." 5. Causing other damage to the exclusive right to use registered trademarks of others. Article 1 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" stipulates: The following acts are acts that cause other damage to others' exclusive rights to register trademarks as stipulated in Article 52 (5) of the Trademark Law (1) Prominently using words that are the same or similar to others’ registered trademarks as the company’s trade name on the same or similar goods, which is likely to cause misunderstanding by the relevant public; (2) Copying, imitating, or translating words registered by others A well-known trademark or its main part is used as a trademark on different or dissimilar goods, misleading the public, causing the interests of the registrant of the well-known trademark to be damaged; 3. Registering words that are identical or similar to others' registered trademarks as The domain name, and the e-commerce transactions of related goods are carried out through this domain name, which may easily lead to misunderstanding by the relevant public. 2. The process of identifying acts of infringement of registered trademark rights. The process of identifying acts of infringement of registered trademark rights has the following three basic steps: 1. Determine the scope of exclusive rights of registered trademarks. The scope of exclusive rights of a registered trademark is the basic basis for determining trademark infringement. All factors considered in determining whether a trademark infringement can be identified or alleged to constitute a trademark infringement revolve around the scope of exclusive rights to a registered trademark. According to Article 51 of my country’s Trademark Law: “The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use.”

Obviously, judging from this provision, the scope of exclusive rights to a registered trademark is limited to the approved trademark and the goods approved for use by the registered trademark. The scope is determined by two factors, one is the approved registered trademark; the other is the goods approved for use by the registered trademark. The combination of the two constitutes the scope of exclusive rights of a registered trademark, which also determines the standard for comparing trademark infringement with the object of the alleged infringement in order to draw a conclusion as to whether it constitutes infringement. 2. Determine the specific object of the alleged infringement. The determination of the object of alleged infringement is determined by two factors, one is the trademark that is accused of infringement, and the other is the goods used in the trademark that is accused of infringement. The significance of determining the specific object of alleged infringement is to identify and solidify the carrier of the alleged infringement, laying a solid foundation for the next step of comparison with the scope of protection of trademark rights. It is as important as determining the scope of exclusive rights to a registered trademark and is another comparison object for determining trademark infringement. 3. Compare the object of alleged infringement with the registered trademark and the goods for which the registered trademark is used, determine whether the trademark for alleged infringement is the same or similar to the registered trademark, and whether the goods for which the alleged infringing trademark is used are the same as those for which the registered trademark is used. Verify whether the goods used are of the same type or similar. Through the three basic steps to determine infringement, especially by comparing the alleged infringement object with the registered trademark and the goods approved for use by the registered trademark, it can be determined whether trademark infringement is constituted.