The circumstances that do not constitute trademark infringement include:

(1) The use of prior rights does not constitute trademark infringement.

Users shall make fair use of the marks to which they have rights. Such as fair use of one's own name, trade name or other marks. Since the user's prior rights are legal, their fair use does not constitute trademark infringement.

(2) Indicative use does not constitute trademark infringement.

Using artificial products or services to indicate the purpose of goods or services and using others’ registered trademarks reasonably does not constitute trademark infringement. For example, a certain brand of ink cartridges should be properly marked to indicate that they are exclusively for a certain brand of printers.

(3) Narrative use does not constitute trademark infringement.

According to Article 49 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China": "The registered trademark contains the common name, graphics, model of the product, or directly indicates the quality of the product. , main raw materials, functions, uses, weight, quantity and other characteristics, or containing place names, the owner of the exclusive right to a registered trademark has no right to prohibit others from legitimate use. ”

Determination of trademark infringement:

(1) Trademark infringement caused by illegal use of someone else’s registered trademark. It refers to using words and graphics that are identical or similar to others’ registered trademarks as product names or product decoration on the same or similar goods without the permission of the trademark registrant.

The determination of "similar goods" should be based on the goods approved for use in the trademark registration certificate. From the perspective of ordinary consumers, look at whether the two products have the same features and uses, and whether the consumer objects and sales channels are the same. The identification of "similar trademarks" should usually be considered from two aspects: first, whether the goods or services used by the two trademarks are the same or similar; second, whether the main parts of the logos of the two trademarks are similar. The specific determination uses the general attention of ordinary consumers as the subjective standard of judgment, and uses a method that combines overall comparison with comparison of significant parts of the trademark to make a comprehensive judgment. In practice, trademarks are often examined based on three elements: sound, shape, and meaning. That is, whether the pronunciation is the same; whether the appearance is similar, whether it may cause ordinary consumers to misunderstand intuitively; whether the meaning is the same, etc.

(2) Trademark infringement caused by selling products that infringe the exclusive rights of registered trademarks.

When determining this type of trademark infringement, it is not premised on whether the seller is at fault. As long as the seller objectively sells goods that infringe the exclusive rights of the registered trademark, the infringement can be determined. The merchant will not be liable for compensation as long as it proves that the goods were obtained legally and the supplier is identified. The so-called "legally obtained goods" refer to goods purchased in a legal trading market in a public manner; the identity of the "supplier" should be true and the counterparty can find it in real life. This standard has not been met. , cannot be considered as "explaining the provider".

(3) Trademark infringement caused by forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks.

Unauthorized manufacturing refers to the trademark printing unit manufacturing trademark logos without authorization or due procedures; counterfeiting refers to deliberately manufacturing counterfeit trademark logos. The manufacture and sale of trademark signs must be carried out in accordance with relevant national and local regulations. It is strictly prohibited to manufacture and sell trademark signs without authorization from the trademark registrant, and it is not allowed to forge trademark signs.

(4) Trademark infringement caused by reverse counterfeiting.

Reverse counterfeiting of registered trademarks refers to the behavior of a perpetrator who legally obtains the goods of the person who registered the trademark, then replaces the registered trademark without his consent, and puts the goods with the changed trademark back into the market. The act of reverse counterfeiting other people's registered trademarks does not directly use or counterfeit other people's registered trademarks, but adopts reverse thinking, borrowing the reputation of others using a certain registered trademark to promote goods with one's own trademark, thereby increasing the reputation of your own trademark.

Reverse counterfeiting violates the legal principles of fair competition and good faith, uses one's own trademark on other people's goods without authorization, and uses other people's high-quality goods to build one's own brand. The consequences of this are that the trademark owner loses the opportunity to use the trademark to build product credibility. It violates the principle of inseparability of trademarks and commodities, infringes upon the interests of trademark owners, deceives consumers, and disrupts market order.

(5) Trademark infringement caused by dilution of well-known trademarks.

This behavior means that an unauthorized user uses a trademark that is the same as or similar to a well-known trademark on his own goods that are different from the well-known trademark, causing consumers to have doubts about the source of the goods and their use. Behavior that causes misunderstanding or confusion about the relationship between the trademark and the manufacturer, thereby weakening the special appeal and identification function of the well-known trademark. The main manifestations of the dilution of well-known trademarks are: first, vilifying the relevant well-known trademarks in a certain way; second, darkening the relevant well-known trademarks in a certain way; third, indirect misinterpretation to cause consumers to misunderstand the trademark as the common name of the relevant goods.

(6) The act of registering a domain name with another person’s registered trademark.

There are two main types of trademark infringement: first, registering someone else’s well-known trademark as a domain name for commercial purposes; second, registering and using someone else’s registered trademark that is identical or similar to someone else’s for commercial purposes. The domain name intentionally causes confusion with the products and services provided by others, and misleads Internet users to access their websites or other online sites.

(7) The act of registering another person’s registered trademark as a business name.

The premise for the establishment of this type of trademark infringement is that the trademark application comes first and the company registers it later. It is often the behavior of companies to take advantage of the popularity of other people's trademarks. These companies use other people's registered trademarks as the name of the company. , misleading consumers and infringing upon the trademark rights of the trademark owner.