Legal subjectivity:
To identify trademark infringement, you need to grasp the following points: 1. Follow the principle of protecting registered trademarks. The exclusive right to use a trademark is generated through registration and has gone through legal procedures and strict review. Once the exclusive right to use a trademark is established, it should be given legal protection. Even if a trademark is deemed improperly registered, it should be revoked before it is revoked. 2. Reasonably determine similar trademarks. A similar trademark refers to a trademark that is likely to cause consumers to misunderstand the source of the goods compared with a registered trademark in terms of the pronunciation, shape, meaning of the words, or the composition and color of the graphics, or the overall structure of the words and graphics. 3. Correctly judge similar products. Similar goods refer to goods that use a trademark that is identical or similar to a registered trademark and are similar in function, use, raw materials, production companies, consumer objects, sales channels, etc., which may easily cause consumers to misunderstand the source of the goods. commodity. 4. Do not make a choice based on the quality of the product. A trademark is a sign that distinguishes the source of goods. It has the function of indicating the quality of goods, but it is not its main function. According to the provisions of the Trademark Law, there is content to monitor the quality of goods, but the main content is to protect the exclusive rights of registered trademarks. 5. Do not make a choice based on the illegal use of the registered trademark owner. The exclusive right to use a trademark is a civil right, and the registrant has the right to exercise its rights within the scope of the law. 6. Reasonably define normal usage behavior. The unauthorized use of words and graphics that are the same as or similar to the registered trademark does not constitute trademark infringement; if such use is normal use, it does not constitute infringement. Article 57 of the Trademark Law: Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark: (1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant; ( 2) Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion; (3) Selling infringement of the registered trademark goods with exclusive rights; (4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks; (5) Changing the registered trademark without the consent of the trademark registrant and selling the goods with the replaced trademark and put it into the market; (6) Deliberately providing facilities for infringement of the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks; (7) Causing other damage to others' exclusive rights to registered trademarks. Legal objectivity:
"Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China"
Article 24
Civil Procedure Law
"Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China"
Article 28
The prescribed place of infringement includes the place where the infringement is committed and the place where the result of the infringement occurs.
"Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China"
Article 25
Infringement of information network The place where the act is committed includes the location of the computer and other information equipment that carries out the alleged infringement, and the place where the infringement results occur includes the domicile of the infringed person.