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Is it illegal for two brands with the same name but different trademarks?

If both parties have not registered the trademark, it is not illegal no matter which party uses the trademark. If one party uses the registered trademark of the other party, it is illegal.

Article 52 of the "Trademark Law" and Article 50 of the "Regulations for the Implementation of the Trademark Law" stipulate that the main manifestations of trademark infringement are:

(1) Without the permission of the registered trademark owner , using the same or similar trademark as its registered trademark on the same or similar goods

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

(3) Counterfeiting or unauthorized manufacturing Others' registered trademarks are used to sell counterfeit or unauthorized registered trademarks

(4) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put into the market

(5) Acts that cause other damage to others’ exclusive rights to registered trademarks

If these two trademarks are unregistered trademarks, and if you are the owner of one of them, it is recommended that you hurry up Go and register it so it can no longer use the trademark. If he wants to use it, he can only buy it from you or allow him to use it, and he will pay you the corresponding fee every year.

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