2. Legal provisions on whether similar store names infringe.
Article 57 of the Trademark Law of People's Republic of China (PRC)
Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;
(3) selling goods that infringe upon the exclusive right to use a registered trademark;
(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;
(seven) causing other damage to the exclusive right to use a registered trademark of others.
Second, what are the constitutive elements of trademark infringement?
1, constituent element
(1) There are illegal acts such as using another person's registered trademark without permission;
(two) the illegal act has caused damage to the trademark owner;
(3) subjective fault;
(4) There is a causal relationship between damage behavior and damage consequences.
2. Legal basis
Article 67 of the Trademark Law of People's Republic of China (PRC)
Without the permission of the trademark registrant, if a trademark identical to its registered trademark is used on the same commodity, which constitutes a crime, criminal responsibility shall be investigated according to law in addition to compensation for the losses of the infringed party.
Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party.
Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed.