Inquiries about whether a trademark is infringing can be made at the Trademark Office or through a trademark agency. It can be seen whether the parties have used the same trademark as their registered trademark on the same commodity without the permission of the trademark registrant; Deliberately providing convenience for the infringement of the exclusive right to use a registered trademark, etc.

II. Analysis details

The composition of trademark infringement usually includes the consequences of damage or imminent damage, that is, the infringement has caused or is about to cause damage to the trademark owner, which can be manifested as a decline in product sales, a decrease in benefits or a decrease in trademark reputation. The second is the illegality of the act, that is, the actor objectively exercises the rights enjoyed by the trademark owner according to law without permission and no other legal basis. Third, there is a causal relationship between the damage consequences and illegal acts, that is, the damage consequences are directly caused by illegal acts. The fourth is subjective state, including fault and no fault. Under normal circumstances, if an actor illegally uses a trademark that is the same as or similar to a registered trademark, forges or makes the logo of another person's registered trademark without authorization, and acts of reverse counterfeiting a registered trademark, the subjective fault of the actor shall be taken as the element when determining whether there is infringement; For the act of selling goods with counterfeit registered trademarks, the subjective fault of the actor is not the key element when determining whether there is infringement.

iii. compensation standard for trademark infringement: the amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual loss suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the benefit of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined at least one time but not more than three times the amount determined according to the above method.

the amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement when the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided. If it is difficult to determine the actual losses suffered by the obligee due to infringement, the interests gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 3 million yuan according to the circumstances of the infringement.