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Is it considered infringement if the trademark registration review has not been passed?

Failure of trademark registration review does not necessarily mean infringement.

Trademark registration review is a procedure in the trademark registration process that aims to determine whether the trademark application complies with the provisions of the Trademark Law and the requirements of the registration agency.

If the trademark registration review fails, it is usually because there are certain problems with the trademark application, such as high similarity to a registered trademark, lack of distinctiveness, violation of legal regulations, etc.

Failure to pass the trademark registration review does not mean that trademark rights have been infringed. The establishment of trademark rights and interests is mainly protected through the registration and use of trademarks.

In the event that the trademark registration review fails, the trademark applicant may choose to amend the trademark application or provide further evidence or explanations to satisfy the review requirements. Such amendments and corrections may help in passing examination and ultimately obtaining trademark registration.

Trademark infringement refers to the unauthorized use of logos that are identical or similar to others’ trademarks without the authorization of the trademark owner, which may cause confusion, mislead or damage the rights and interests of the trademark owner.

Therefore, failure to pass the trademark registration review is not equivalent to trademark infringement. The determination of trademark infringement requires consideration of multiple factors, including trademark similarity, scope of use, market impact, etc.

If you believe that someone else's trademark use infringes upon your trademark rights, it is recommended to consult a professional trademark attorney or legal advisor to obtain accurate legal advice and take appropriate legal action.

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