the way to identify the infringement of graphic trademarks: if the actor intentionally infringes the trademark rights of others and objectively uses a trademark with the same graphic or similar graphic on the same commodity, which may easily lead to confusion, it shall be identified as trademark graphic infringement.

Legal basis

Article 56 of the Trademark Law of the People's Republic of China

The exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use.

article 57

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

(1) using a trademark identical to 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 commodity, or using a trademark identical to or similar to its registered trademark on similar commodities may easily lead to 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;

(5) changing its registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again;

(6) intentionally providing convenient conditions for 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.