The existence of a similar relationship between a product trademark and a service trademark does not necessarily constitute infringement.
If there is a relationship between the goods and services, if there is a similar relationship between the product trademark and the service mark, and if this similarity is likely to cause the relevant public to misunderstand the source of the goods or services;
Or mistakenly believing that the source of the service has a specific connection with the goods using the registered trademark will constitute infringement. On the other hand, if it does not cause the relevant public to have the above misunderstanding, or there is no connection between the goods and services, it will not constitute infringement.
Legal Basis
Article 57 of the "Trademark Law" stipulates that any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark:
(1) ) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;
(2) Using the same kind of trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant Similar trademarks, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Counterfeiting or manufacturing other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks;
(5) Replacing the registered trademark without the consent of the trademark registrant and replacing the replaced trademark The goods are put into the market;
(6) Deliberately providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;
(7) Giving Any other damage caused by the exclusive right to use a registered trademark of others.