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How to determine trademark infringement

Legal analysis: To determine whether an online trademark is infringing, it must be determined from the scope of exclusive rights of a registered trademark. The scope of exclusive rights of a registered trademark is the basic basis for determining trademark infringement.

Legal basis: Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts is an infringement of the exclusive right to register a trademark:

(1) ) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;

(2) Using the same kind of trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant Similar trademarks, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Counterfeiting or manufacturing other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Replacing the registered trademark without the consent of the trademark registrant and replacing the replaced trademark The goods are put into the market;

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

(7) Giving Other damages caused by the exclusive right to use registered trademarks of others.