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Whether the trademark prefix or suffix constitutes infringement?

Legal analysis: Trademark prefixes and suffixes may constitute infringement. Trademark infringement has the following four elements: First, there must be illegal conduct. That is to say, the perpetrator objectively uses the registered trademark without obtaining the permission of the trademark owner or other legal basis, and his behavior is illegal. The perpetrator did not obtain the authorization or permission from the trademark registrant when he first used the trademark, but later obtained his permission or ratification, or the trademark registrant ignored it and expressed acquiescence after learning of the situation. This kind of behavior does not exist Illegal. Second, there must be harmful consequences. Trademark right is an intangible intellectual property, and the damage caused to it may be tangible material damage, intangible economic loss, or both. Specifically, it can be manifested as a decrease in the sales volume of the trademark owner's products, a decrease in profits, an increase in production costs due to stopping infringement, a decrease in trademark credibility, and complaints from consumers. Third, there is a causal relationship between the damage consequences and the illegal behavior, that is, the damage consequences are directly caused by the illegal behavior. This kind of causal relationship is diverse, and there are direct causal relationships. For example, the act of counterfeiting a registered trademark has indirect causal relationships, such as providing convenient conditions for warehousing, transportation, mailing, concealment, etc. for infringement. If the damage is caused by a series of behaviors, that is, multiple causes and one effect, such as the actor forging trademarks, the middleman is responsible for transportation, and the seller sells goods with counterfeit registered trademarks, the perpetrators of the acts may Becoming an infringer constitutes trademark infringement. Fourth, the perpetrator has subjective fault, including intentionality and negligence. Intention means that the perpetrator subjectively knows that the trademark of others has been approved and registered and he has no right to use it, but still uses the same or similar trademark as the registered trademark of others on the same or similar goods. Mistake means that the perpetrator should subjectively know that the trademark of others has been registered. Even if registration is approved, a trademark that is identical or similar to someone else’s registered trademark is still used on the same or similar goods.

Legal basis: "Trademark Law of the People's Republic of China" Article 59 The registered trademark contains the common name, graphics, model of the product, or directly represents the quality and main raw materials of the product , function, purpose, weight, quantity and other characteristics, or the place names contained, the owner of the exclusive right to a registered trademark has no right to prohibit others from legitimate use. If a three-dimensional mark registered trademark contains a shape resulting from the nature of the product itself, a shape of the product necessary to obtain technical effects, or a shape that makes the product of substantial value, the owner of the exclusive right to the registered trademark has no right to prohibit others from legitimate use. Before the trademark registrant applies for trademark registration, if others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same goods or similar goods before the trademark registrant, the owner of the exclusive right to the registered trademark has no right to prohibit the user from using the original trademark. Continue to use the trademark within the scope of use, but you can require it to be attached with appropriate distinguishing marks.