Using other people's trademarks, if it is just an avatar without any purpose, is not infringement. But if it is for profit or advertising, it is an infringement. Need to bear corresponding responsibilities.

1. Is it infringement to use someone else's trademark as an avatar?

It is illegal to simply use it as an avatar, but it is illegal to use it as a trademark and advertisement.

Any of the following acts is an infringement of the exclusive right to use a registered trademark:

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

(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;

(3) selling goods that infringe upon the exclusive right to use a registered trademark;

(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;

(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;

(seven) causing other damage to the exclusive right to use a registered trademark of others.

Second, how to identify trademark infringement?

There are three basic steps in the process of identifying infringement of registered trademark rights:

1, determine the scope of the exclusive right to use a registered trademark. The scope of the exclusive right to use a registered trademark is the basic basis for identifying trademark infringement. All the factors considered in judging whether trademark infringement can be identified or claimed are all around the right scope of the exclusive right to use a registered trademark. According to Article 56 of the Trademark Law of China

The exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use. Obviously, judging from this provision, the exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use by the registered trademark. The scope is determined by two factors, one is the registered trademark; The second is the goods approved for use by registered trademarks. The combination of the two constitutes the right scope of the exclusive right to use a registered trademark, and also determines the standard for comparing trademark infringement with the accused infringing object, so as to draw the conclusion whether it constitutes infringement.

2. Determine the specific object of the alleged infringement. The determination of the object accused of infringement is determined by two factors, one is the trademark accused of infringement, and the other is the goods used by the trademark accused of infringement. The significance of determining the specific object of the alleged infringement lies in determining and solidifying the carrier of the alleged infringement, which lays a solid foundation for the next comparison with the scope of trademark protection. It is as important as determining the right scope of the exclusive right to use a registered trademark, and it is another comparative object to identify trademark infringement.

3. Compare the accused infringing object with the registered trademark and the goods approved for use by the registered trademark to determine whether the accused infringing trademark is the same or similar, and whether the goods used by the accused infringing trademark belong to the same category or similar to the goods approved for use by the registered trademark. Only through the three basic steps of identifying infringement, especially comparing the accused infringing object with the registered trademark and the goods approved by the registered trademark, can we determine whether it constitutes trademark infringement.

According to relevant laws and regulations, successfully registered trademarks are protected by law. Trademark infringement refers to the use of the same or, er, similar trademarks on the same or similar goods without the permission of the trademark owner.