Legal analysis: Anti-unfair competition law and intellectual property law have cross-relationships in trademark protection and are important supplements to intellectual property law. Anti-unfair competition law is an important part of economic law, and its adjustment object is the social public economy. Intellectual property law consists of copyright law, trademark law, and patent law, and regulates the legal relationships arising from the process of people creating, utilizing, trading, and protecting intellectual achievements.
Legal basis:
Article 6 of the "Law of the People's Republic of China and the State Against Unfair Competition": Operators shall not engage in the following confusing behaviors to cause people to mistake the goods for others. Or have a specific connection with others: (1) Use without permission the same or similar logos as other people’s product names, packaging, decoration, etc. that have a certain influence; (2) Use without permission the names of others (including abbreviations, trade names, etc.) that have a certain influence , social organization names (including abbreviations, etc.), names (including pen names, stage names, translated names, etc.); (3) unauthorized use of the main part of domain names, website names, web pages, etc. that have certain influence on others; (4) other things that are enough to cause people to misunderstand It is an act of confusing someone else’s product or having a specific connection with someone else.
Article 57 of the "Trademark Law of the People's Republic of China": Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark: (1) Without the permission of the trademark registrant, using Use a trademark that is the same as its registered trademark on the same kind of goods; (2) use a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or use a trademark that is the same or similar to its registered trademark on similar goods , easily leading to confusion; (3) Selling goods that infringe the exclusive rights of registered trademarks; (4) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks; (5) Selling goods without authorization from the trademark registrant Agree, change its registered trademark and put the goods with the changed trademark into the market; (6) Deliberately provide conveniences for infringement of other people’s trademark rights and help others to infringe trademark rights; (7) Register for others The exclusive right to use the trademark causes other damage.