Infringement of trademark rights is unfair competition. Article 6 of the "Law of the People's Republic of China on Anti-Unfair Competition" stipulates that the unauthorized use of trademarks that are identical or similar to others' product names, packaging, decorations, etc. that have certain influence is an act of unfair competition.

Legal Basis

Article 6 of the "Law of the People's Republic of China and the State Against Unfair Competition"

Operators shall not carry out the following confusing behaviors to attract people's attention: Mistakenly believing that it is someone else’s product or having a specific connection with someone else:

(1) Unauthorized use of the same or similar logos as others’ product names, packaging, decoration, etc. that have a certain influence;

(2) Unauthorized use of other people’s company names (including abbreviations, trade names, etc.), social organization names (including abbreviations, etc.), and names (including pen names, stage names, translated names, etc.) that have certain influence;

(3) Unauthorized use of the main part of other people's domain names, website names, web pages, etc. that have certain influence;

(4) Other confusing behaviors that can lead people to mistake them for other people's products or have a specific connection with others.