(1) using words that are identical or similar to others' registered trademarks as the font size of an enterprise to highlight the same or similar goods, which is likely to mislead the relevant public;
(2) Copying, imitating or translating a well-known trademark registered by another person or its main part for use as a trademark on different or dissimilar goods, misleading the public, and possibly damaging the interests of the registrant of the well-known trademark;
(3) registering words that are identical or similar to other people's registered trademarks as domain names, and conducting e-commerce of related commodities through the domain names, which is likely to mislead the relevant public. Article 2 In accordance with the provisions of Paragraph 1 of Article 13 of the Trademark Law, those who copy, imitate or translate other people's well-known trademarks or their main parts, and use them as trademarks on the same or similar goods, which may easily lead to confusion, shall bear civil legal liability for stopping the infringement. Article 3 The license for the use of a trademark as stipulated in Article 4 of the Trademark Law includes the following three categories:
(1) Exclusive license means that a registered trademark is licensed by a trademark registrant to only one licensee within an agreed period, in an agreed region and in an agreed manner, and the registered trademark registrant may not use the registered trademark according to the agreement;
(2) Exclusive use license means that the trademark registrant licenses the registered trademark to only one licensee in the agreed period, region and manner, and the trademark registrant may use the registered trademark according to the agreement, but may not license others to use the registered trademark separately;
(3) general use license means that a trademark registrant permits others to use its registered trademark within an agreed period, in an agreed region and in an agreed manner, and may use the registered trademark by himself or by others. Article 4 The interested parties mentioned in Article 53 of the Trademark Law include the licensee of a registered trademark license contract and the legal successor of the registered trademark property rights.
when the exclusive right to use a registered trademark is infringed, the licensee of the exclusive use license contract may bring a lawsuit to the people's court; The licensee of the exclusive use license contract may file a lawsuit with the trademark registrant, or file a lawsuit on his own without the trademark registrant's prosecution; The licensee of a general use license contract may bring a lawsuit with the express authorization of the trademark registrant. Article 5 Where a trademark registrant or interested party files an application for renewal within the extension period for the renewal of a registered trademark, and before the application is approved, the people's court shall accept the lawsuit that someone else infringes on his exclusive right to use the registered trademark. Article 6 A civil action brought for infringement of the exclusive right to use a registered trademark shall be under the jurisdiction of the people's court of the place where the infringement was committed, the place where the infringing goods were stored, or the place where the seizure was made, or the place where the defendant was domiciled as stipulated in Articles 13 and 52 of the Trademark Law.
the storage place of infringing goods mentioned in the preceding paragraph refers to the place where a large number of infringing goods are stored or hidden regularly; The place of seizure refers to the place where the customs, industry and commerce and other administrative organs seal up and detain infringing goods according to law. Article 7 In a lawsuit brought by several defendants in different places where the infringement was committed, the plaintiff may choose the people's court in the place where one of the defendants committed the infringement to have jurisdiction. The people's court in the place where the defendant's infringement was committed has jurisdiction over a lawsuit filed only against one of the defendants. Article 8 The relevant public mentioned in the Trademark Law refers to consumers related to a certain kind of goods or services identified by trademarks and other business operators closely related to the marketing of the aforementioned goods or services. Article 9 The trademark identical as stipulated in Item (1) of Article 52 of the Trademark Law means that there is basically no visual difference between the trademark accused of infringement and the registered trademark of the plaintiff.
Trademark approximation as stipulated in Item (1) of Article 52 of the Trademark Law means that compared with the plaintiff's registered trademark, the font, pronunciation, meaning or graphic composition and color of the trademark accused of infringement are similar, or the overall structure after the combination of its elements is similar, or the three-dimensional shape and color combination are similar, which may easily make the relevant public misunderstand the source of the goods or think that its source has a specific connection with the goods registered by the plaintiff. Article 1 The people's court shall, in accordance with the provisions of Item (1) of Article 52 of the Trademark Law, determine that trademarks are identical or similar in accordance with the following principles:
(1) Taking the general attention of the relevant public as the standard;
(2) It is necessary to compare both the whole trademark and the main parts of the trademark, and the comparison should be carried out separately in the state of isolation of the comparison objects;
(3) When judging whether a trademark is similar, the distinctiveness and popularity of the registered trademark should be considered. Article 11 Similar goods as stipulated in Item (1) of Article 52 of the Trademark Law refer to goods that are identical in functions, uses, production departments, sales channels, consumers, etc., or that are generally considered by the relevant public to have specific connections and are likely to cause confusion.
Similar services refer to services that are the same in terms of purpose, content, methods, and objects, or that are generally considered by the relevant public to be related and easily confused.
the similarity between goods and services means that there is a specific connection between goods and services, which easily confuses the relevant public.