Whether intellectual property products with similar appearance but different sizes constitute infringement shall be judged based on the collective situation.
The circumstances for determining infringement are as follows:
1. Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant is a trademark. infringement. Identical trademarks refer to trademarks that have no visual difference or very subtle differences; similar trademarks refer to trademarks that are difficult to distinguish by comparing the trademarks as a whole, causing confusion among consumers;
2. Sales infringement It is a trademark infringement act to register goods with exclusive rights to a trademark. However, it is not an easy task for everyone who sells goods to understand the status of trademarks on thousands or tens of thousands of goods. Therefore, it is necessary to consider the actual situation and correctly understand and use this item. The law stipulates;
3. Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks shall constitute trademark infringement. Trademark identification includes trademarked packaging, labels, seals, instructions, certificates and other items. Precisely because the trademark logo is a carrier that embodies the exclusive right of a trademark, the act of counterfeiting, manufacturing without authorization, or selling these trademark logos registered by others is a trademark infringement;
4. Without the trademark registrant Agreed, it is a trademark infringement to change its registered trademark and put the goods with the changed trademark into the market;
5. Any act that causes other damage to the exclusive right of others to register a trademark is also a trademark infringement. Behavior. It shows that the most basic characteristic of infringement of registered trademark rights is to cause damage to others' trademark rights. It can be said that whether damage is caused is an important indicator of infringement.