How to judge whether a good trademark name is infringing?
The main factors to determine whether a good trademark name is infringing are: 1, and whether the defendant has subjective malice, which leads to the conflict of rights. Although there are some accidental coincidences, it is often caused by one party's malicious hitchhiking to obtain illegitimate interests. Therefore, for infringement judgment, it is necessary to examine the defendant's subjective fault and subjective malice. 2, whether the same or similar, and cause confusion between the goods, services and services operated by the parties, and whether the goods and services are the same or similar, and cause confusion and misunderstanding, is also an important factor to judge whether the infringement constitutes. When judging, we should not only compare the main parts of the dispute, but also judge the whole. 3. The logo should have certain uniqueness. If it is a common name generally recognized by ordinary operators and ordinary consumers, one party does not enjoy the exclusive right, nor can it exclude the legitimate use of other operators. What is trademark infringement? Trademark infringement refers to the act of using the same or similar logo with its registered trademark without the consent of the trademark owner, which damages the legitimate rights and interests of the trademark owner. Judging from the provisions of China's Trademark Law, the composition of trademark infringement usually includes the following elements: First, it has caused or is about to cause 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 decline in trademark reputation. The second is the illegality of the act, that is, the actor objectively exercised the rights enjoyed by the trademark owner according to law without permission and other legal basis. Third, there is a causal relationship between damage consequences and illegal acts, that is, damage consequences are directly caused by illegal acts. The fourth is subjective state, including fault and no fault. Under normal circumstances, the actor illegally uses the same or similar trademark as the registered trademark, forges or makes the logo of another person's registered trademark without authorization, and counterfeits the registered trademark. When determining whether there is infringement, the subjective fault of the actor should be taken as the element; For the act of selling goods with counterfeit registered trademarks, the subjective fault of the actor is not the key factor to determine whether there is infringement. To sum up, companies or social subjects need a good brand name to ensure that their products can be remembered in time after promotion, but they also need to avoid conflicts with other brands in the process of registering trademarks, otherwise the misunderstanding of consumers will be considered as infringement.