Legal subjectivity:

1. Types of trademark infringement Article 52 of the Trademark Law of the People’s Republic of China stipulates five types of infringement of the exclusive right to register a trademark : 1. With the permission of the trademark registrant, a trademark that is identical or similar to the registered trademark is used on the same or similar goods. This article can be further divided into four forms of trademark infringement: a. The trademark accused of infringement is the same as the registered trademark, and the goods used by the accused infringing trademark are also of the same category as the goods approved for use by the registered trademark. b. The trademark accused of infringement is the same as the registered trademark, and the goods used in the accused trademark are similar to the goods approved for use by the registered trademark. c. The trademark accused of infringement is similar to the registered trademark, and the trademark used by the accused trademark belongs to the same category as the goods approved for use by the registered trademark. d. The trademark accused of infringement is similar to the registered trademark, and the goods used in the accused trademark are similar to the goods approved for use by the registered trademark. 2. Selling goods that infringe the exclusive rights of registered trademarks; 3. Making registered trademarks of others without authorization or selling registered trademarks that are manufactured or manufactured without authorization; 4. With the consent of the trademark registrant, changing the registered trademark and replacing the trademark The goods are put into the market again. This behavior is also called "reverse false e". 5. Causing other damage to the exclusive right to use registered trademarks of others. Article 1 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" stipulates: The following acts are acts that cause other damage to others' exclusive rights to register trademarks as stipulated in Article 52 (5) of the Trademark Law (1) Prominently using words that are identical or similar to others’ registered trademarks as the company’s trade name on the same or similar goods, which is likely to misunderstand the relevant public; (2) Copying, imitating, or translating well-known trademarks registered by others or its main part is used as a trademark on different or dissimilar goods, misleading the public, causing the interests of the registrant of the well-known trademark to be potentially damaged; 3. Registering words that are identical or similar to others’ registered trademarks as domain names, Moreover, e-commerce transactions of related goods through this domain name may easily lead to misunderstanding by the relevant public. 2. Key points and difficulties in determining trademark infringement (1) All registered trademarks before cancellation should be protected. The exclusive right to trademark is generated through registration, during which it has gone through legal procedures and strict review. Therefore, after the exclusive right to trademark is established, Trademarks that are deemed improperly registered should be protected within the scope of the law before they are revoked. In accordance with the provisions of Article 36 of the "Regulations for the Implementation of the Trademark Law", a decision or ruling to cancel a registered trademark shall not have retroactive effect on the decision to handle trademark infringement cases made and executed by the industrial and commercial administrative authorities before the cancellation. After a registered trademark expires, during the six-month extension period stipulated by law, if the original registered trademark owner still applies for renewal, or the renewal application is rejected, others may use the same or similar trademark during this period. Trademark does not constitute trademark infringement; if the owner of the original registered trademark applies for renewal and is approved, other people's use of a trademark that is identical or similar to the trademark during this period constitutes trademark infringement. (2) Accurate identification of similar trademarks The identification of similar trademarks or logos is an indispensable and important step in determining trademark infringement. Infringement can only be established if the two conditions of "similar trademark or logo" and "use on the same or similar goods" are met. 3. Similar trademarks are different from identical trademarks. Although there are certain visual differences, they are similar to registered trademarks in other aspects such as pronunciation and meaning, and are enough to cause misunderstanding or confusion among consumers. To examine whether two trademarks are similar, the following aspects should generally be considered: 1. Appearance of the trademark. That is, the visual images of the words, graphics, or combinations of the two trademarks are observed from the perspective of ordinary consumers to see whether they can cause misunderstanding or confusion. For example, the "HOVER" graphic trademark used by a company in Jiangsu differs by only one letter from the registered graphic trademark "HOOVER" of a British company. The visual similarity and the basically identical pronunciation are enough to cause consumers to misunderstand, and should be considered similar. trademark.

Another example is that the letters "SAFINO" used by a company in Tianjin are exactly the same as the "SANOFI" trademark previously registered by a company in France. Only the order of the last four letters is slightly different. However, the overall structure and pronunciation of the two trademarks are very similar. It is extremely easy for consumers to misunderstand, and therefore constitutes a similar trademark used on similar goods. 2. Trademark pronunciation. Based on people's hearing, determine whether the two trademarks are confusing due to similar pronunciation. For example, a company in Jiangsu uses "SUNNER" as its trademark. Although it has a different meaning from the French "CHANEL" (Chinese transliteration of "Chanel") and the English letters are not similar, the pronunciation is similar, especially in the Chinese language. Use in the environment constitutes a similar trademark. Another example is "today" and "golden day". 3. The meaning of the trademark. Analyze whether the two trademarks have the same or similar meaning and cause confusion among consumers as to the source of the goods. For example, "BLUESKY" and "Blue Sky" have the same meaning in Chinese. It is easy for people to misunderstand the relationship between manufacturers and specific products, and mistakenly believe that products marked with "Blue Sky" are "BLUESKY" series products. Legal objectivity:

Article 43 of the Trademark Law of the People’s Republic of China: A trademark registrant may license others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark. Article 67 of the Trademark Law of the People's Republic of China, without the permission of the trademark registrant, uses the same trademark as the registered trademark on the same kind of goods, which constitutes a crime. Pursuing criminal liability. If a person forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law. Anyone who knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the losses of the infringed party, he will also be held criminally responsible in accordance with the law.