It is an infringement.

According to Article 60 of the Trademark Law, any dispute arising from any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 52 of this Law shall be resolved by negotiation between the parties; if the party is unwilling to negotiate or If 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. When the industrial and commercial administration department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and tools specifically used to manufacture infringing goods and counterfeit registered trademarks, and may impose a fine.

Extended information

According to Article 61 of the "Trademark Law of the People's Republic of China"

For acts that infringe the exclusive rights of registered trademarks, industrial and commercial The administrative departments have the right to investigate and deal with the matter in accordance with the law; if a crime is suspected, it should be promptly transferred to the judicial authority for handling in accordance with the law.

Article 62: The industrial and commercial administrative department at or above the county level may exercise the following powers when investigating and punishing suspected infringement of other people’s exclusive rights to registered trademarks based on obtained evidence or reports of suspected violations of law:

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(1) Question the relevant parties and investigate the situation related to infringement of the exclusive rights of others’ registered trademarks;

(2) Check and copy the parties’ contracts, invoices, account books and other matters related to the infringing activities Relevant information;

(3) Conduct on-site inspections of places where parties are suspected of engaging in activities that infringe the exclusive rights of registered trademarks of others;

(4) Inspect items related to infringing activities; Articles that are proved by evidence to infringe the exclusive rights of others' registered trademarks may be sealed or seized.

When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.

In the process of investigating and handling trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the people's court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.

Baidu Encyclopedia-Trademark Law of the People's Republic of China