Article 1 The following acts are acts that cause other damage to others’ exclusive rights to register trademarks as stipulated in Article 57 (7) of the Trademark Law:

(1) Words that are identical or similar to others' registered trademarks are used prominently as the company's trade name on the same or similar goods, which is likely to cause misunderstanding by the relevant public;

(2) Copying, imitating, or translating words registered by others A well-known trademark or its main part is used as a trademark on different or dissimilar goods, misleading the public, causing the interests of the registrant of the well-known trademark to be damaged;

(3) Registering a trademark with others The same or similar words are registered as domain names, and e-commerce transactions of related goods are carried out through the domain names, which may easily cause misunderstandings among the relevant public. Article 2 According to the provisions of Paragraph 2 of Article 13 of the Trademark Law, if someone copies, imitates, or translates a well-known trademark or its main part that has not been registered in China, and uses it as a trademark on the same or similar goods, which is likely to cause confusion, he shall Bear civil legal responsibility to stop the infringement. Article 3 The trademark use license stipulated in Article 43 of the Trademark Law includes the following three categories:

(1) Exclusive use license refers to the trademark registrant’s exclusive use license within the agreed period, region and in the agreed manner. , the registered trademark is only allowed to be used by one licensee, and the trademark registrant is not allowed to use the registered trademark according to the agreement;

(2) Exclusive use license refers to the trademark registrant’s exclusive use within the agreed period, region and In an agreed manner, the registered trademark is only licensed to one licensee. The trademark registrant may use the registered trademark in accordance with the agreement but may not otherwise license others to use the registered trademark;

(3) General use license , means that the trademark registrant allows others to use its registered trademark within an agreed period, region and in an agreed manner, and can use the registered trademark on its own and permit others to use its registered trademark. Article 4: Interested parties specified in Paragraph 1 of Article 60 of the Trademark Law include licensees of registered trademark licensing contracts, legal successors of registered trademark property rights, etc.

When the exclusive right to use a registered trademark is infringed, the licensee of the exclusive use license contract may file a lawsuit with the People's Court; the licensee of the exclusive use license contract may file a lawsuit together with the trademark registrant*** , or may initiate a lawsuit on its own without the trademark registrant filing a lawsuit; the licensee of a general use license contract may file a lawsuit if expressly authorized by the trademark registrant. Article 5 If a trademark registrant or interested party files a renewal application during the extended extension period for a registered trademark, and before it is approved, if he or she files a lawsuit alleging that others have infringed upon his exclusive right to use a registered trademark, the people's court shall accept the application. Article 6 A civil lawsuit filed for infringement of the exclusive right to use a registered trademark shall be decided by the people of the place where the infringement is committed, the place where the infringing goods are stored or where the infringing goods are stored or seized, or where the defendant is domiciled as stipulated in Articles 13 and 57 of the Trademark Law. Court jurisdiction.

The storage place of infringing goods specified in the preceding paragraph refers to the place where infringing goods are stored or concealed in large quantities or regularly; the place of seizure and seizure refers to the place where customs and other administrative agencies seal and detain infringing goods in accordance with the law. Article 7 For the same lawsuit filed by multiple defendants in different places where the infringement was committed, the plaintiff may choose the People's Court of the place where the infringement of one of the defendants was committed to have jurisdiction; if a lawsuit is filed only against one of the defendants, the defendant's infringement shall The people's court at the place where the act is committed has jurisdiction. Article 8 The relevant public referred to in the Trademark Law refers to consumers related to a certain type of goods or services identified by a trademark and other operators who are closely related to the marketing of the aforementioned goods or services. Article 9 Identical trademarks as stipulated in Article 57 (1) (2) of the Trademark Law means that there is basically no visual difference between the trademark accused of infringement and the plaintiff’s registered trademark.

Trademark similarity stipulated in Article 57 (2) of the Trademark Law refers to the difference in the font, pronunciation, meaning or graphics of the trademark accused of infringement when compared with the plaintiff’s registered trademark. The composition and color, or the overall structure of the combination of its various elements, or the similarity of its three-dimensional shape and color combination, may easily cause the relevant public to misunderstand the source of the goods or think that their sources are specifically related to the goods with the plaintiff's registered trademark. Article 10 The People's Court shall, in accordance with the provisions of Article 57 (1) (2) of the Trademark Law, determine that trademarks are identical or similar in accordance with the following principles:

(1) Based on the general attention of the relevant public strength as the standard;

(2) It is necessary to compare the trademark as a whole and the main parts of the trademark, and the comparison should be conducted separately with the comparison objects isolated;

(3) To determine whether the trademarks are similar, the distinctiveness and popularity of the registered trademark requested for protection should be considered. Article 11 Similar goods as stipulated in Article 57 (2) of the Trademark Law refer to goods that are identical in function, purpose, production department, sales channel, consumer target, etc., or that are generally believed by the relevant public to have a specific connection, Products that are likely to cause confusion.

Similar services refer to services that are identical in terms of service purpose, content, method, object, etc., or that are generally believed by the relevant public to be specifically related and likely to cause confusion.

The similarity between goods and services means that there is a specific connection between the goods and services, which can easily confuse the relevant public.