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Is it infringement if the trademarks are partially the same?

Based on the provisions of Article 52(1) of the Trademark Law, the People's Court determines that trademarks are identical or similar in accordance with the following principles: (1) based on the general attention of the relevant public; 2) both It is necessary to compare the trademark as a whole and to compare the main parts of the trademark. The comparison should be conducted separately with the comparison objects isolated. 3) To determine whether the trademarks are similar, the distinctiveness and significance of the registered trademark requested for protection should be considered. visibility.

Legal basis: Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark: (1) Without the authorization of the trademark registrant (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using the same trademark as its registered trademark on similar goods. or similar trademarks that are likely to cause confusion; (3) selling goods that infringe the exclusive rights of registered trademarks; (4) counterfeiting or making without authorization registered trademark signs of others or selling counterfeit or making without authorization registered trademark signs; (5) not With the consent of the trademark registrant, the registered trademark is replaced and the goods with the changed trademark are put into the market; (6) Intentionally providing facilities for infringement of other people’s exclusive rights to trademarks and helping others to infringe the exclusive rights of trademarks; (7) Causing other damage to the exclusive right to use registered trademarks of others.

Legal basis:

"Trademark Law of the People's Republic of China" Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be based on the amount of compensation suffered by the right holder due to the infringement. The actual loss is determined; if the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; if the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to a multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.