Regarding how to define whether a trademark is infringing, we should focus on the following factors:

1. Whether the defendant has subjective malice leads to the conflict of rights. Of course, there are some accidental coincidences, but in many cases, it is still caused by one party's malicious hitchhiking to gain illegitimate interests. Therefore, it is necessary to examine the defendant's subjective fault and subjective malice for infringement judgment.

2. Whether it is the same or similar, which leads to confusion between commodities, services and services, and between commodities and services, and leads to confusion and misunderstanding, is also an important factor to judge whether the infringement constitutes or not. When judging, we should not only compare the main parts of the dispute, but also judge the whole.

3. The logo should have a certain distinctiveness. If it is a common name that is generally recognized by ordinary operators and ordinary consumers, one party will not enjoy exclusive rights, nor can it exclude the legitimate use of other operators.

ii. What evidence is needed in trademark dispute litigation

(1) The plaintiff shall submit the following evidence of rights in addition to the evidence of the subject qualification of the parties, so as to prove that he enjoys the trademark right or the right to use the trademark license:

If a trademark registrant files a lawsuit, he shall submit documents proving that his trademark right is true and valid, including the trademark registration certificate.

if an interested party files a lawsuit, it shall submit a license contract for the use of a registered trademark, materials filed with the trademark office and a trademark registration certificate. If it has not been filed, it shall submit the certificate of the trademark registrant or other evidence to prove its rights.

The licensee of an exclusive license contract may bring a suit in a people's court alone; The licensee of the exclusive use license contract and the trademark registrant can sue together. If the trademark registrant doesn't sue, they can file a lawsuit on their own, but they should submit the certification materials that the trademark registrant explicitly waives the prosecution or doesn't sue when they know that there is infringement. The licensee of a general use license contract may bring a lawsuit with the express authorization of the trademark registrant.

if the successor of the trademark property right brings a lawsuit, it shall submit the evidence materials that have been inherited or are being inherited.

(2) The plaintiff shall submit the following evidence of infringement to prove that the defendant has committed or will commit trademark infringement:

The plaintiff shall submit evidence such as the alleged infringing products and their sales invoices.

(3) The plaintiff shall submit the following evidence of compensation to prove that the amount of compensation claimed by him is based on facts:

The plaintiff shall submit evidence that can prove the amount of compensation claimed by him, such as evidence of the losses suffered by the infringed during the period of infringement or evidence of the benefits gained by the infringer during the period of infringement, including evidence of the reasonable expenses paid by the infringed to stop the infringement. If the infringer gains benefits due to infringement, or the infringed suffers losses due to infringement, the people's court shall award compensation of less than 5, yuan according to the circumstances of the infringement.