In order to protect the interests of trademark owners and consumers, effectively prevent unfair competition, and maintain the order of market economic competition, the protection of trademark rights includes stopping behaviors that may cause confusion.

Any infringement of trademark rights will, on the one hand, damage the trademark owner's business reputation and reduce the market share it has obtained or may obtain, thereby causing losses to its economic interests. Fair competition confuses the trademarks used by different companies on the same goods or services or on different goods or services, misleads and deceives consumers, harms the interests of consumers, and thus causes harm to the interests of the public. Therefore, in order to protect the interests of trademark owners and consumers, effectively prevent unfair competition, and maintain the order of market economic competition, the protection of trademark rights should be strengthened.

The starting point of obtaining or protecting trademark rights is to prevent confusion. In terms of obtaining trademark rights, if a trademark that is identical or similar to a registered trademark is used on the same or similar goods or services, it cannot be registered. In terms of trademark protection, the trademark owner has the right to prohibit others from using signs that are identical or similar to their registered trademark on the same or similar goods or services.

Legal Basis

"Trademark Law of the People's Republic of China"

Article 57 Anyone who commits any of the following acts shall be deemed to have infringed upon the registration. Exclusive right to trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Without trademark registration Use a trademark that is similar to the registered trademark on the same product, or use a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion;

(3) Sales infringement of registration goods with exclusive rights to trademarks;

(4) Counterfeiting or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Without trademark registration The registrant agrees to change its registered trademark and put the goods with the changed trademark back into the market;

(6) Deliberately providing facilities for infringing the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks ;

(7) Causing other damage to the exclusive right to use registered trademarks of others. Article 59 If a registered trademark contains the common name, graphics, or model of the product, or directly represents the quality, main raw materials, functions, uses, weight, quantity, or other characteristics of the product, or contains a place name, the exclusive right to use the registered trademark No one has the right to prohibit others from using it properly.

The owner of the registered trademark has no right to prohibit the shape of the goods contained in the three-dimensional mark registered trademark due to the nature of the goods themselves, the shape of the goods required to obtain technical effects, or the shape that makes the goods have substantial value. Fair use by others.

Before the trademark registrant applies for trademark registration, if others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same goods or similar goods before the trademark registrant, the holder of the exclusive right to the registered trademark shall There is no right to prohibit the user from continuing to use the trademark within the original scope of use, but it can require it to attach an appropriate distinguishing mark.