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Whether similar trademarks constitute infringement

The use of similar trademarks that are easily confusing may constitute infringement. The use of a trademark that is similar to a well-known trademark registered in China constitutes infringement as long as it is used; the use of a trademark that is similar to a well-known trademark that has not been registered in China or a trademark that is similar to a common registered trademark can only be used on the same type of goods or similar types of goods that may lead to confusion. constitutes infringement, but use in completely different categories does not constitute infringement.

Legal Basis

Article 13 of the Trademark Law

If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, he may Apply for well-known trademark protection in accordance with the provisions of this Law. If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use will be prohibited. If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing the interests of the well-known trademark registrant to be harmed, registration will not be granted and use will be prohibited.

Article 57

Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark:

(2) Without the authorization of the trademark registrant License to use a trademark that is similar to its registered trademark on the same kind of goods, or to use a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion.