Trademark infringement means that others use the same or similar mark as the trademark owner’s registered trademark on the same or similar goods without the permission of the trademark owner, which can easily lead to confusion among the public and mistakenly believe that the goods come from trademark right holder, thereby causing economic losses to the trademark right holder.

When judging trademark infringement, the following factors need to be comprehensively considered:

1. Similarity of trademarks: The primary factor in trademark infringement is the similarity of trademarks. The similarity of trademarks includes many factors such as font shape, pronunciation, and meaning. If a trademark is very similar and can easily cause public confusion, it may constitute trademark infringement.

2. Similarity of goods: The second factor in trademark infringement is the similarity of goods. If the goods or services covered by two trademarks are the same or similar, it may constitute trademark infringement. This is because it can easily lead to public confusion and mistakenly believe that two goods or services come from the same source.

3. The popularity of the trademark: The third factor in trademark infringement is the popularity of the trademark. If a trademark is well-known in the relevant field, it may constitute trademark infringement even if it is not very similar to other trademarks.

4. Scope of use of trademark: The fourth factor in trademark infringement is the scope of use of trademark. If a trademark is used widely, it may infringe the rights of other trademarks. The scope of use of trademarks includes many aspects such as geographical scope and product scope.

In short, trademark infringement is a complex legal issue that requires comprehensive consideration of multiple factors. If you suspect that your trademark has been infringed, it is recommended to consult a professional intellectual property lawyer promptly to understand your rights and ways to protect them.

Legal basis:

Article 60 of the Trademark Law of the People's Republic of China

Infringements listed in Article 57 of this Law If a dispute arises from one of the acts of registering the exclusive right to use a trademark, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.

If the industrial and commercial administration department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.