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I have a Class 30 or 35 trademark, and the other party has a Class 40 trademark. Is it considered infringement if the other party only owns a Class 40 trademark and opens a franchise chain?

The law pays attention to case analysis. The description in your question is not comprehensive. Category 30 is dessert bread, and category 35 is marketing and advertising. Category 40 is food processing services, and whether the infringement is determined mainly depends on the business performance of the other party. Most of the trademark judgments this year define store signs as 35 types of promotions for others. Franchising is just a commercial behavior and cannot be concluded as an infringement.