Legal analysis: 1. Judgment premise: Determine whether the alleged infringing product and the patented product are similar products. Products that are not similar products cannot be compared. The determination of similar products must not only be based on the International Design Classification Table, but also based on the classification standards of general commodities. When considering the scope of protection of a design and determining whether there is patent infringement, one must first pay attention to whether the alleged infringing product and the design-patented product will actually be confused in the market. 2. Judgment criteria: The judgment shall be based on the vision and cognitive level of ordinary consumers, and shall not be based on the aesthetic observation ability of professional and technical personnel in the field to which the design patent belongs. The overall shape is the same and the visual effect is the same. Local microscopic inconsistencies and differences in details that consumers will not notice are not compared for similarity. 3. Comparison object: Compare the infringing object with the shapes, patterns and colors shown in the patent graphics or photos to see whether they are the same or similar. If the conclusion is yes, the infringement is established. If the conclusion is no, it does not constitute infringement.

Legal basis: Article 60 of the "Trademark Law of the People's Republic of China" If any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law causes a dispute, the party concerned shall If the dispute is not resolved through negotiation or negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department to handle the matter.

If the industrial and commercial administration department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.