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Does the accepted picture trademark constitute infringement?

2022-04- 14

Kong Ling imitates a lawyer.

Beijing Yingke (Wenzhou) Lawyer Office

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Professional analysis

The accepted picture trademark does not constitute infringement, and one of the following acts infringes the exclusive right to use a registered trademark:

1. Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;

2. Selling goods that infringe the exclusive right to use a registered trademark;

3, without the consent of the trademark registrant, change its registered trademark and put the goods with the changed trademark on the market;

4. Deliberately providing convenience for infringing upon the exclusive right to use a trademark of others and helping others to infringe upon the exclusive right to use a trademark.

The exclusive right to use a trademark refers to the exclusive right granted to the trademark owner to use his registered trademark on the designated goods or services according to law.

legal ground

Article 57 of the Trademark Law of People's Republic of China (PRC) commits any of the following acts, all of which are infringement of the exclusive right to use a registered trademark:

(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;

(3) selling goods that infringe upon the exclusive right to use a registered trademark;

(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;

(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;

(seven) causing other damage to the exclusive right to use a registered trademark of others.

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