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Is a similar trademark considered infringement?

Similar trademarks are considered trademark infringement. But certain conditions must be met.

Similar trademarks are considered trademark infringement. However, certain conditions must be met:

1. The scope of application meets the conditions. That is, using a trademark that is similar to its registered trademark on the same product, or using a trademark that is the same or similar to its registered trademark on similar products;

2. The aforementioned behavior can easily lead to confusion among relevant consumers;

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3. The perpetrator has intentional infringement;

4. Other conditions.

What are the methods for handling infringement cases?

1. Administrative investigation and handling. The main advantage of this method is that the investigation and punishment are strong and the investigation and punishment actions are fast. A swift crackdown on counterfeiters and sellers can effectively stop the spread of infringement. However, using this method alone, it is difficult to exhaust the rights granted to complainants by law.

2. Litigation procedures. The advantage of applying this procedure is that the investigation force is strong, and the complainant can, in accordance with relevant legal provisions, require the infringer to compensate the infringer for the losses caused to the infringed party by the infringement. However, the litigation procedure is relatively complicated and it is difficult for the complainant to carry out the procedure alone without the assistance of a professional lawyer.

If related similar trademarks are involved, it is an infringement. However, during general verification, the Industrial and Commercial Administration will not approve similar trademarks and require rectification, because similar trademarks cannot be registered. of.

Legal basis:

Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark: (1) ) Using a trademark that is the same as its registered trademark on the same kind of goods without the permission of the trademark registrant; (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using it on similar products The use of trademarks that are identical or similar to the registered trademark on the goods may easily lead to confusion; (3) selling goods that infringe the exclusive rights of registered trademarks; (4) counterfeiting or unauthorized manufacturing of other people’s registered trademarks or selling forged or unauthorized registered trademarks mark; (5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market; (6) Intentionally providing facilities for infringement of other people’s trademark exclusive rights and helping others to infringe the exclusive rights of trademarks Right behavior.