Current location - Trademark Inquiry Complete Network - Trademark registration - How to identify trademark infringement?
How to identify trademark infringement?
1. Determine the right scope of the exclusive right to use a registered trademark: The right scope of the exclusive right to use a registered trademark is the basic basis for identifying trademark infringement. According to Article 51 of China's Trademark Law: "The exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use." The scope of rights that constitute the exclusive right to use a registered trademark determines the standard of comparison between trademark infringement and the accused infringing object, and thus draws the conclusion whether it constitutes infringement.

2. Determine the specific object of the alleged infringement: The determination of the alleged infringement object is determined by two factors, one is the trademark accused of infringement, and the other is the goods used by the trademark accused of infringement. The significance of determining the specific object of the alleged infringement lies in determining and solidifying the carrier of the alleged infringement, which lays a solid foundation for the next comparison with the scope of trademark protection. It is as important as determining the right scope of the exclusive right to use a registered trademark, and it is another comparative object to identify trademark infringement.

3. Comparison between the two: compare the accused infringing object with the registered trademark and the goods approved for use by the registered trademark to determine whether the accused infringing trademark is the same or similar, and whether the goods used by the accused infringing trademark and the goods approved for use by the registered trademark belong to the same category or similar.

Only through the three basic steps of identifying infringement, especially comparing the accused infringing object with the registered trademark and the goods approved by the registered trademark, can we determine whether it constitutes trademark infringement.