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Can different industries apply for the same trademark?

Yes. Trademark applications are based on the principle of classification. As long as the other party is not a well-known trademark, different industries can apply for the same trademark. For example, let's assume that "Xtep" is not a well-known trademark. Someone has applied to register this trademark on sports products, but I can still register this trademark in other industries such as cosmetics and machinery. But as for the different industries mentioned, it still needs to be judged to see if they are similar goods. The "Classification Table of Similar Goods and Services" published by the State Administration for Industry and Commerce has clearly stated this. Therefore, in this case, the trademark can be registered.

Again, from the perspective of trademark rights, if only the form of the trademark is the same, but the product or service scope of the trademark registration is different (that is, the different industries you mentioned), then it is definitely legal and does not exist. infringement.

In addition, if the trademark is a graphic or special font originally designed by someone else, then there are also copyright issues involved. So from a legal perspective, your use of this trademark is an infringement. However, current laws generally require the other party to provide corresponding evidence. Unless the other party has applied for the copyright of an art work, it is generally difficult to provide strong evidence to prove its originality, and the courts will generally not accept such cases with insufficient evidence.

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 authorization Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Using a trademark similar to the registered trademark on the same product without the permission of the trademark registrant , or using a trademark that is the same as or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) ) Counterfeiting or unauthorized manufacturing of other people’s registered trademarks or selling counterfeit or unauthorized registered trademarks;

(5) Without the consent of the trademark registrant, replacing the registered trademark and replacing the goods with the replaced trademark Put into the market;

(6) Deliberately providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

(7) Registration for others The exclusive right to use the trademark causes other damage.