According to the relevant laws of our country, copyright and trademark right are two different rights. It is not important that the copyright registration will not be infringed by the defendant at the meeting. If the trademark right is infringed, the defendant infringes the trademark right.
There are three basic steps in the verification process of identifying or judging the infringement of registered trademark rights:
Confirm the right scope of the exclusive right to use a registered trademark. This is the most fundamental condition and basis for judging whether your trademark is infringing.
Determine the specific object of the alleged infringement:
(1) own trademark;
(2) The self-owned trademark used by the commodity.
After confirming what the alleged infringement is, it will help us lay a solid foundation for the next trademark protection. This is very important, no less than the scope of trademark exclusive right in the first point. It is another key factor to determine whether there is infringement.
Compare with the goods accused of infringement to determine whether they are the same or similar, and whether the goods accused of infringement belong to the same category or similar to the goods you use.
Through the above three basic steps, you can determine whether you constitute trademark infringement!
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