Legal analysis: (1) The purpose of use is legitimate. Judging whether a behavior is justified should combine the subjective and objective aspects of the behavior in specific practice. When product producers use other people's trademarks, they must indicate that the nature, quality, origin, main raw materials and other characteristics of the product are used to describe the nature, quality, origin, main raw materials and other product characteristics of the product, rather than being used as a trademark, nor should it be connected in any way with the trademark right to cause confusion among consumers. misunderstanding. Objectively, it does not harm the legitimate rights and interests of the trademark owner, follows the normal order of the market economy, and is a legitimate method of market competition.

(2) Use behavior in good faith. Whether a manufacturer or operator uses the trademark in good faith usually depends on whether the purpose of using the trademark is to engage in unfair commercial competition with the trademark owner. For example, "This use must be a legitimate and honest use that is only used to describe the goods or services of the party. In practice, some producers and operators place other people's trademarks in a prominent position on their own goods or services, and use their own trademarks Any behavior that causes consumers to misunderstand by shrinking or placing it in an inconspicuous place does not constitute fair use and constitutes trademark infringement.

(3) The consequences of use generally do not cause confusion by the user. The use of other people's trademarks for the purpose of unfair competition will generally not cause confusion among consumers or cause confusion with trademark-rights goods. When producers and operators use other people's trademarks, they should try to minimize the connection with the exclusive rights of the trademark and exclude any connection with the trademark. If the possibility of confusion with copyrighted goods or services cannot be ruled out, every effort should be made to control the possibility of confusion to a minimum to prevent infringement of the trademark owner's trademark and not cause misunderstandings among consumers, thus affecting the health of the market economy. , Stable development

Legal basis: Article 57 of the "Trademark Law of the People's Republic of China" commits any of the following acts to infringe the exclusive right to use a registered trademark: (1) Without authorization. Use a trademark that is the same as its registered trademark on the same kind of goods without the permission of the trademark registrant (2) Use a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or use its registered trademark on similar goods Trademarks with identical or similar trademarks that are likely to cause confusion; (3) Selling goods that infringe the exclusive right to use a registered trademark; (4) Forging or manufacturing other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks; (5) ) Without the consent of the trademark registrant, replace the registered trademark and put the goods with the changed trademark back into the market; (6) Deliberately provide facilities for infringement of other people’s exclusive rights to trademarks and help others to infringe the exclusive rights of trademarks; (6) 7) Causing other damages to the exclusive rights of others’ registered trademarks.