Legal analysis: Infringement of trademark rights itself is an act of unfair competition. Trademark infringement is mainly a series of behaviors that infringe on the trademark rights of the right holder, such as counterfeiting, copying famous brands, and using other people's registered trademarks. Unfair competition means that operators and other relevant market participants use measures that violate generally accepted business ethics such as fairness and good faith to gain trading opportunities or destroy the competitive advantages of others, harm the legitimate rights and interests of consumers and other operators, and disrupt the legitimate rights and interests of consumers and other operators. behavior of the socioeconomic order.
Legal basis: "Law of the People's Republic of China and the State Anti-Unfair Competition Law" Article 6 Operators shall not engage in the following confusing behaviors to cause people to mistakenly think that they are other people's goods or have a specific connection with others: ( 1) Unauthorized use of logos that are identical or similar to others’ product names, packaging, decoration, etc. that have a certain influence; (2) Unauthorized use of other people’s business names (including abbreviations, font sizes, etc.) and social organization names (including abbreviations, etc.) that have a certain influence ), 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 can lead people to mistakenly think that they are other people’s products or have a specific relationship with others. Contact confusing behavior.
Article 9 of the "Trademark Law of the People's Republic of China" The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others. The trademark registrant has the right to indicate "registered trademark" or registered mark.