1. The hat style is the same; The hat style can be regarded as a new aesthetic design created by the shape, color, pattern or their combination of the product, which involves the design right of this kind of hat. If there is a related design, and it is within the protection period, it constitutes a design patent infringement. In addition, if the overall composition effect of this hat has applied for trademark registration and has not been authorized by the obligee, it constitutes trademark infringement.
2. The trademarks of hats are different; What needs to be clear is whether the "difference" referred to here covers "similarity of trademarks". If only two trademarks are not completely equal and constitute similar trademarks in whole or in part, it is easy to cause confusion in market transactions, and this use behavior still constitutes trademark infringement without the permission of the trademark registrant. See Item 2, Paragraph 1, Article 57 of the Trademark Law, "Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity or using a trademark identical to or similar to its registered trademark on similar commodities is likely to cause confusion".