Does not constitute infringement. For specific standards, please refer to the Infringement Judgment Standards

The "Trademark Infringement Judgment Standards" (hereinafter referred to as the "Standards") are officially issued and implemented by the State Intellectual Property Office. This is After thorough research, demonstration, and revision, the State Intellectual Property Office issued the enforcement standards on trademark infringement for the first time. The Standards adhere to the principle of strengthening trademark protection, are based on the needs of law enforcement practice, and solve practical law enforcement difficulties. They are very important for the handling of trademark infringement cases. guiding significance.

Clear the method for judging trademark infringement

The judgment of trademark infringement in the "Standards" clarifies that "use of the trademark" is the premise, and "use of the same trademark on the same or similar goods" or similar trademark" as the essential condition, and "whether it constitutes confusion" as the post-condition, and the "trademark use", "the same goods and services", "similar goods and services", "the same trademark as the registered trademark" and "the same trademark as the registered trademark" It defines terms such as "trademarks with similar trademarks", enumerates the use of trademarks and the expressions of the same trademark, and provides guidance on determining whether it is "the use of a trademark", whether it constitutes "the same kind of goods or similar goods", "the same or similar goods" The methods and considerations for "trademark" and "likely to confuse" are clarified. This series of clauses summarizes the methods for judging trademark infringement over the years and, based on the characteristics of trademark infringement under the new situation, establishes a complete and scientific theoretical standard for judging methods of trademark infringement at the official level for the first time, providing a basis for practice. The handling of trademark infringement cases in China has pointed out the way and direction.

The details of trademark laws and regulations have been improved

At present, some provisions in the Trademark Law and the Implementing Regulations of the Trademark Law have caused some disputes in practical application, which has brought trouble to law enforcement work. The "Standards" address these pain points and clarify the details in relevant provisions. It restricts the situation of "selling goods that are not known to infringe the exclusive rights of registered trademarks", and clarifies five situations in which the parties should be deemed to have known or should have known, and "unknowing sales" shall not be applied for exemption. At the same time, it is clarified that for suspected If the infringer provides false or unverifiable information that results in the inability to find the provider, it will not be regarded as a "statement of the provider" and exemption from liability will not apply. This effectively prevents those selling infringing goods from abusing legal loopholes and evading administrative liability, and better The interests of trademark owners and consumers are protected. In terms of protecting legitimate prior rights, it is clarified that if the application date of a registered trademark precedes the application date of a design patent or the creation date of the copyrighted work as evidenced by evidence, the relevant trademark law enforcement departments can investigate and handle trademark infringement cases, preventing some The infringer abuses prior rights and obstructs and delays trademark infringement enforcement procedures. The definition and judgment method of "certain influence" among previously used trademarks with certain influence are clarified, and the use of such trademarks is restricted, which better clarifies the protection of previously used trademarks and the protection of Boundaries for registered trademarks later.

Solving difficult problems in grassroots law enforcement

Currently, trademark infringers are constantly changing their infringement methods, covering up the actual behavior of trademark infringement through some seemingly legal "edge ball" means, which is harmful to grassroots Law enforcement creates distress. The "Standards" summarized some unconventional infringement methods through extensive surveys of grassroots law enforcement personnel, and made it clear that these behaviors are trademark infringements and should be held accountable. Regarding the behavior of some infringers by combining several trademarks into a new trademark, thereby imitating famous brands, Article 22 of the "Standards" clearly points out that such behavior only requires that the final form of trademark use constitutes the same as that of a famous brand. If another person's trademark is identical or similar and is easily confused, it can be deemed as trademark infringement. For some infringers who make their registered trademarks identical or similar to others' registered trademarks by attaching different colors, Article 24 of the "Standards" clearly stipulates that this is a trademark infringement act stipulated in Paragraph 2 of Article 57 of the Trademark Law. In construction projects and decoration projects, many construction parties purchase infringing raw materials at low prices in order to make huge profits and use these raw materials in the projects. There is a dispute as to what kind of trademark infringement this behavior should be. "Standards" Article 25 clearly attributes this kind of behavior to the third item of Article 57 of the Trademark Law, that is, the infringement of selling products with trademark infringement.