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Identification of trademark infringement
Identifying trademark infringement needs to grasp the following points: first, follow the principle of protecting registered trademarks. The exclusive right to use a trademark is produced through registration and has gone through legal procedures and strict examination. After the establishment of the exclusive right to use a trademark, it should be protected by law even before the trademark that is considered to be improperly registered is revoked. 2. Reasonable determination of approximate trademarks. An approximate trademark refers to a trademark that makes consumers misunderstand the source of goods more easily than a registered trademark in terms of the sound, shape, meaning or graphic composition of words and the overall structure of colors or words and graphics. Third, correctly judge similar goods. Similar goods refer to goods similar to registered trademarks in terms of functions, uses, raw materials, manufacturers, consumers and sales channels. And it is easy for consumers to misunderstand the source of goods. Fourth, don't choose inferior quality goods. Trademark is a symbol to distinguish the source of goods, which has the function of indicating the quality of goods, but it is not the main function. In the provisions of the Trademark Law, there is the content of supervising the quality of goods, but the main content is to protect the exclusive right to use registered trademarks. Five, shall not illegally use registered trademarks for transactions. The exclusive right to use a trademark is a civil right, and the registrant has the right to exercise his rights within the scope of law. Sixth, define the normal use behavior reasonably. The unauthorized use of words and graphics identical with or similar to its registered trademark by others does not constitute infringement of trademark rights; If such use is normal use, it does not constitute infringement. Article 57 of the Trademark Law commits any of the following acts, which are all violations of the exclusive right to use a registered trademark: (1) using a trademark identical to its registered trademark on the same commodity without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark; (seven) causing other damage to the exclusive right to use a registered trademark of others.