Legal subjectivity:

Trademark comparison refers to the comparison of the alleged infringing trademark with the right holder’s registered trademark. The identical or similar nature of the two trademarks is the basis and prerequisite for determining that infringement is established. Trademark comparison needs to follow three principles: the principle of overall comparison, the principle of partial comparison, and the principle of isolated comparison. Overall comparison requires "isolated observation" to determine whether the two trademarks are close as a whole, but cannot compare the corresponding parts of the two trademarks separately. The legislative purpose of trademark unfair competition is to prevent consumers from being confused about the services and sources of goods. One of the necessary conditions for determining trademark infringement is whether the alleged infringement may cause consumers to be confused about the source of the goods or services. " "Possibility of confusion" is the core issue of trademark protection and the basis for delineating the reasonable scope of trademark rights. When determining confusion, the general attention of ordinary consumers should be used as the standard, and the distinctiveness and popularity of the registered trademark must also be taken into consideration. The above is the legal and objective answer to the determination of trademark infringement and unfair competition:

Article 1164 of the "People's Republic of China and Civil Code" adjusts the infringement of civil rights and interests. resulting civil relations. Article 1165 of the "People's Republic of China and Civil Code" If an actor causes damage due to wrongful infringement of the civil rights and interests of others, he shall bear tort liability. According to legal provisions, it is presumed that the actor is at fault, but if he cannot prove that he is not at fault, he shall bear tort liability. Article 1166 of the "People's Liberation Army and Civil Code of the People's Republic of China" If an actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law stipulates that he should bear tort liability, such provisions shall apply. Article 1167 of the "People's Republic of China and Civil Code" If an infringement endangers the personal or property safety of others, the infringed party has the right to request the infringer to bear tort liability such as ceasing the infringement, removing obstacles, and eliminating danger.