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Is the name of someone else’s cooperative the same as the name of our restaurant? Is it illegal?

The name of a cooperative is the same as someone else’s trademark, but if it is not used as a trademark, it is not considered infringement. If it is used as a trademark, it is considered infringement.

Article 52 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 an identical or similar trademark to the registered trademark on the same or similar goods without the permission of the trademark registrant;

2. Selling goods that infringe the exclusive rights of registered trademarks;

3. Counterfeiting or making without authorization the registered trademark signs of others or selling counterfeit or making without authorization the registered trademark signs;

4. Without the consent of the trademark registrant. Change its registered trademark and put the goods with the changed trademark back on the market.