1. Is it infringement that the same trademark is different?
As far as trademark rights are concerned, if the trademark forms are the same, but the products or services registered by the trademark are different (that is, the different industries you mentioned), then it must be legal and there is no infringement. In addition, if the trademark is a trademark of a graphic or a special font originally designed by others, it also involves the issue of copyright. Then legally speaking, your use of this trademark is infringement. However, the current law generally requires the other party to provide corresponding evidence. Unless the other party has applied for the copyright of an artistic work, it is generally difficult to produce strong evidence to prove its originality, and the court will generally not accept such cases with insufficient evidence.
Second, the basic classification
As far as the subject is concerned, in trademark infringement litigation; There are two basic classifications: the subject of right and the subject of responsibility. The subject of right is the obligee and interested party of trademark right, and the obligee is usually the original subject of trademark right. They applied to the State Trademark Office for trademark registration and obtained approval. Stakeholders are usually heirs, who obtain part or all of the rights and interests of trademark rights through inheritance, transfer or licensing. As a plaintiff, the right subject should have strict conditions, because it involves not only the exercise of the right of action, but also the enjoyment of the right of claim, that is, which subjects divide the rights under the trademark right (if it involves obtaining economic benefits such as infringement compensation). In fact, rights, like responsibilities, should be enjoyed or assumed in a certain order. Belonging to the subject of the first order, they have equal distribution opportunities and the same distribution order of rights. The court or anyone else shall not deprive them of their rights without explicitly giving up their substantive rights.
Third, the enjoyment of trademark rights.
In trademark law, the trademark right is often enjoyed by the exclusive right holder of a registered trademark who has applied for trademark registration and obtained approval. However, in the case of trademark licensing or trademark inheritance, the problem of trademark sharing will arise. Some or even all of the rights in the trademark right can be separated from the trademark owner in time and space by contract, and then some of the rights in the trademark right can be transferred to the licensee of the trademark right. There are three types of trademark licensing when a trademark is licensed.
The first is the exclusive license, which means that the trademark registrant is within the agreed time limit, area and method; A registered trademark is licensed to only one licensee, and the trademark registrant may not use the registered trademark in accordance with the contract.
The second is exclusive use license, that is, the trademark registrant licenses the registered trademark to only one licensee within the agreed time limit, region and method. A trademark registrant may use the registered trademark in accordance with the contract, but may not permit others to use the registered trademark alone.
The third kind is general use license, which means that the owner of a registered trademark permits others to use its registered trademark within the agreed time limit, region and manner, but he can still use the registered trademark himself or authorize others to use its registered trademark. The interested parties stipulated in Article 53 of the Trademark Law include the above three licensees and the legal successors of trademark property rights.
Enterprises also need to follow the corresponding principles when registering trademarks and enterprise names. If, when using or registering a trademark, similar or identical trademarks are used on the same type of trademark without the permission of the trademark registrant, it also belongs to trademark infringement. The infringer should not only stop the infringement immediately, but also bear the economic losses caused by the infringement.