Legal analysis: Trademark infringement means that the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark owner from using the trademark. Registering a trademark and other actions that damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to stop the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal responsibility. . Determine the scope of exclusive rights of a registered trademark:
According to Article 51 of my country’s Trademark Law: “The exclusive right of a registered trademark is limited to the trademark that has been approved for registration and the goods that have been approved for use.” The scope is determined by two factors. First, the approved registered trademark is the product for which the registered trademark is approved. The combination of the two constitutes the scope of exclusive rights of a registered trademark, which also determines the standard for comparing trademark infringement with the object of the alleged infringement in order to draw a conclusion as to whether it constitutes infringement.
Legal basis: "Trademark Infringement Compensation Standards" Article 56 The amount of compensation for infringement of trademark exclusive rights shall be the benefits obtained by the infringer due to the infringement during the infringement period, or the infringed party's benefits during the period of infringement. Losses suffered due to infringement include reasonable expenses paid by the infringer to stop the infringement. If the benefits obtained by the infringer due to the infringement as mentioned in the preceding paragraph, or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.