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Is tm trademark infringing?
Need to check whether the other party's trademark has been approved for registration, if it has been approved for registration, it can no longer be used; If it belongs to the trademark under application, we can analyze the possibility of approval and the cost of renaming to decide whether to continue to use it. In the Trademark Law of People's Republic of China (PRC), there are two ways to solve trademark infringement: administrative solution and judicial solution. As a trademark owner, when others use their own trademarks, they can handle it through consultation, or through administrative means and litigation as stipulated in the Trademark Law.

legal ground

Article 63 of the Trademark Law

The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined in accordance with the amount determined by the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement. If it is difficult to determine the actual losses suffered by the obligee due to infringement, the interests gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 3 million yuan according to the circumstances of the infringement.