in business practice, shop signs often use simple words. However, the above words may be the same as or similar to other people's trademarks or font sizes, thus causing infringement litigation. As the shops are involved in providing services and selling goods, and the determination of infringement on the use of other people's trademarks by shop signs providing services is relatively simple, the following discussion will focus on the determination of infringement on the use of other people's trademarks by shop signs selling goods.

under the condition that the signboards of shops selling commodities use other people's trademarks, and what they actually sell is genuine, they may still face trademark infringement lawsuits. Under this cause of action, the right basis of trademark owner's choice includes commodity trademark and service trademark. If the trademark owner chooses a commodity trademark as the right basis, then under normal circumstances, the simple use of other people's trademarks by shop signs can be regarded as indicative use and can be exempted from infringement. However, when there are other illegal situations, it may constitute trademark infringement, including: first, the use of shop signs will inevitably constitute infringing trademark use. Second, if the goods of other brands are sold in the store at the same time, the use of shop signs will destroy the only connection between the used trademark and the goods, which will lead the relevant public to mistake the goods of other brands for being connected with the obligee of the used trademark and cause confusion. Third, it goes beyond the necessary limit of indicative use. For example, only other people's trademarks are marked on the shop signs, and there are no other words; Or, in addition to the use of shop signs, other people's trademarks are used separately on signs in other parts of the shopping mall where the shop is located.

if the right basis chosen by the trademark owner is a service trademark, the service trademark is often in the 35th category, including business management, organizing consultation, promoting others and other service categories. Therefore, the core of the problem becomes whether the service approved by the service trademark that the right holder chooses to sue constitutes a similar service or commodity with the goods sold in the store. In this regard, this paper believes that the service categories involved in the 35 th category are all services that help the operation or management of commercial enterprises (that is, external third parties). However, the sales behavior of shops selling goods is their own business and management behavior, and usually does not involve providing services to external third parties. Therefore, the service category of the 35th category should not be considered as similar services or goods to the goods sold by the shops, and the use of other people's trademarks on shop signs does not constitute trademark infringement.

in addition to trademark infringement litigation, if the signboard of a store selling goods uses other people's trademarks and what is actually sold is genuine, it may also face trademark infringement litigation. In such cases, the trademark owner's trademark is usually the Chinese font size registered in China and influential, or the foreign font size not registered in China but continuously used and influential in China. Whether it is a Chinese font size or a foreign font size, whether the use of shop signs is reasonable or goodwill is involved in the infringement judgment. This paper holds that although the brand name and trademark are both business marks, their functions are different. The font size is mainly used to distinguish the identities of different commercial entities, while the trademark is mainly used to identify the source of goods. Because of their different functions, in the process of using the brand name, there is no case of being exempted from infringement because of indicating or descriptive use of the trademark, which constitutes reasonable or goodwill. If there is no investment, authorization, joining or other related relationship between the accused shop and the subject of the used shop name, the act of using other people's shop name on the signboard of the accused shop will be considered as infringement. One word short of a registered trademark is not infringement. For trademark infringement, it is generally used to make consumers unable to distinguish the difference between a suspected trademark and a normal trademark. However, if one word is missing, it should be a major difference and will not cause trademark infringement. Trademark infringement means that the actor uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner from using his registered trademark and damage the legitimate rights and interests of the trademark owner. It is infringement to use someone else's trademark name as the name of the storefront signboard.

according to article 2 of the notice on prohibiting others' registered trademarks from being used as enterprise names and business signs of exclusive shops without authorization:

without the permission of the trademark registrant, others may not use their registered trademarks as the names of companies, franchise stores or specialty stores or business signs. When commodity sales outlets and websites providing certain services need to explain the business scope of goods and services provided by stores, they can use narrative words such as "our store repairs XX products" and "our store sells XX suits". And the font should be consistent, and the trademark part should not be highlighted.

Without the permission of the trademark owner, the trademark owner shall not be infringed upon or hindered from using the registered trademark, or the actor who damages the legitimate rights and interests shall use the same or similar trademark for the same or similar goods. Trademark owner.