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What are the contents of the Supreme Court's judicial interpretation of trademark infringement?
(I) Three Kinds of Trademark Infringements Causing Other Damage to the Registered Trademark Right Article 1 of Several Explanations explains Item (5) of Article 52 of the Trademark Law, and provides three new acts of infringement of the exclusive right to use a registered trademark. Article 52 of the Trademark Law stipulates five cases of infringement of the exclusive right to use a registered trademark, of which item (5) belongs to the "bottom clause", that is, "causing other damage to the exclusive right to use a registered trademark of others". Article 50 of the Regulations for the Implementation of the Trademark Law further stipulates Item (5) of Article 52 of the Trademark Law, and lists two situations: namely, on the same or similar goods, the marks that are the same as or similar to others' registered trademarks are used as commodity names or commodity decorations to mislead the public; Deliberately providing convenient conditions such as warehousing, transportation, mailing and concealment for infringing upon the exclusive right to use a registered trademark of others. 1. Significantly using the same or similar words as other people's registered trademarks as the company name on the same or similar goods is easy to mislead the relevant public. 2. Copying, imitating and translating well-known trademarks registered by others or their main parts, and using them as trademarks on different or similar goods, misleading the public. The interests of well-known trademark registrants may be harmed. 3. It is easy to mislead the relevant public by registering words that are the same as or similar to others' registered trademarks as domain names and conducting related commodity transactions through the domain names. 2. Protection of well-known trademarks In the Trademark Law before the revision, there were basically no provisions on the protection of well-known trademarks. In judicial practice, the protection of well-known trademarks has to be sought from the Paris Convention, which China promised to join. For a long time, the subject and method of identifying well-known trademarks have been controversial in intellectual property law and judicial practice departments. In addition to the controversy over the practice of issuing well-known trademarks in batches by administrative departments, there are different voices inside and outside the court about whether and how well-known trademarks can be recognized by the people's court. At the same time, improper speculation on well-known trademarks has painted some too sacred colors on well-known trademarks from another angle. The lack of legal provisions on well-known trademarks is in stark contrast to the excessive enthusiasm of society and public opinion for well-known trademarks. The recognition of well-known trademarks by people's courts has gradually emerged in the trial of computer network domain name disputes. (III) Identification of Trademark Infringement The most important link in the trial of trademark infringement disputes is the identification of trademark infringement. According to the provisions of the Trademark Law, the determination of trademark infringement mainly involves the definition of basic concepts or facts such as relevant public, trademark approximation and similar goods, as well as the principle of the people's court to determine trademark infringement. This is an urgent problem to be solved in current trial practice. Articles 8 to 12 of Several Explanations explain some basic concepts that have been used in practice for a long time but have not been clearly defined. To sum up, trademark infringement is to violate the rights of others by illegal means. As long as these acts constitute criminal provisions, they will be punished accordingly. Therefore, in order to better protect the interests of trademark owners, China has also given relevant explanations.