The products are exactly the same, but the trademarks are different, which does not necessarily constitute infringement. It also depends on whether the two trademarks are similar enough to easily cause confusion among the relevant public.

Infringement refers to behavior that infringes on the rights or interests of others. It includes general torts and special torts. The former refers to the behavior in which the actor directly causes harm to others based on his fault, so the general liability provisions of the civil law are applicable; the latter refers to the behavior in which the actor is not at fault but should be punished in accordance with the special liability provisions of the civil law or the special civil law. Responsible behavior. Broadly speaking, torts are the basis for liability, but torts not only refer to torts caused by the perpetrator's fault, but also include liabilities arising from legal provisions. Understood in a broad sense, torts include not only liability for faulty conduct, but also liability arising from the actor's fairness and no-fault liability based on the principle of fairness. This kind of liability is also arising from the provisions of the legal system.

General torts refer to acts that directly cause harm to others based on the actor's fault, so the general liability provisions of the civil law are applicable. Special torts are behaviors in which the perpetrator is not at fault but should bear liability in accordance with the special liability provisions of the civil law or special civil laws.

Article 57 of the "Trademark Law of the People's Republic of China" commits any of the following acts, which shall constitute an infringement of the exclusive right to use a registered trademark:

(1) Without permission Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Using a trademark similar to the registered trademark on the same product without the permission of the trademark registrant , or using a trademark that is the same as or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) ) Counterfeiting or unauthorized manufacturing of other people’s registered trademarks or selling counterfeit or unauthorized registered trademarks;

(5) Without the consent of the trademark registrant, replacing the registered trademark and replacing the goods with the replaced trademark Put into the market;

(6) Deliberately providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

(7) Registration for others The exclusive right to use the trademark causes other damage.