There are three basic steps in the process of identifying infringement of registered trademark rights:

1, determine the scope of the exclusive right to use a registered trademark. The scope of the exclusive right to use a registered trademark is the basic basis for identifying trademark infringement. All the factors considered in judging whether trademark infringement can be identified or claimed are all around the right scope of the exclusive right to use a registered trademark. According to Article 56 of China's Trademark Law, the exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use. Obviously, judging from this provision, the exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use by the registered trademark. The scope is determined by two factors, one is the registered trademark; The second is the goods approved for use by registered trademarks. The combination of the two constitutes the right scope of the exclusive right to use a registered trademark, and also determines the standard for comparing trademark infringement with the accused infringing object, so as to draw the conclusion whether it constitutes infringement.

2. Determine the specific object of the alleged infringement. The determination of the object accused of infringement is determined by two factors, one is the trademark accused of infringement, and the other is the goods used by the trademark accused of infringement. The significance of determining the specific object of the alleged infringement lies in determining and solidifying the carrier of the alleged infringement, which lays a solid foundation for the next comparison with the scope of trademark protection. It is as important as determining the right scope of the exclusive right to use a registered trademark, and it is another comparative object to identify trademark infringement.

3. Compare the accused infringing object with the registered trademark and the goods approved for use by the registered trademark to determine whether the accused infringing trademark is the same or similar, and whether the goods used by the accused infringing trademark belong to the same category or similar to the goods approved for use by the registered trademark. Only through the three basic steps of identifying infringement, especially comparing the accused infringing object with the registered trademark and the goods approved by the registered trademark, can we determine whether it constitutes trademark infringement.

trademark act

Article 57 Any of the following acts is an infringement of the exclusive right to use a registered trademark:

(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;

(3) selling goods that infringe upon the exclusive right to use a registered trademark;

(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;

(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;

(seven) causing other damage to the exclusive right to use a registered trademark of others.

Second, what is the process of trademark infringement prosecution?

1. Prosecution: Submit a complaint to a court with jurisdiction.

The people's courts at or above the intermediate level have jurisdiction over trademark civil dispute cases of first instance. The Higher People's Court may, according to the actual situation in its jurisdiction and with the approval of the Supreme People's Court, designate 1-2 grass-roots people's courts in larger cities to accept trademark civil dispute cases of first instance. A civil lawsuit brought for infringement of the exclusive right to use a registered trademark and infringement of the special protection right of a well-known trademark shall be under the jurisdiction of the people's court of the place where the infringing act is committed, the place where the infringing goods are stored, the place where they are detained or the place where the defendant has his domicile.

2. Filing a case: If the court considers that it meets the conditions for filing a case, it shall notify the parties to pay the legal fees within 7 days, and file a case after paying the fees.

3. After the court accepts the complaint, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days.

4. Exchange evidence.

5. Hold a trial.

6. If the collegial panel makes a collegial ruling and refuses to accept the ruling, it shall appeal to the people's court at a higher level within 10 days from the date of service; Those who refuse to accept the judgment shall appeal to the people's court at a higher level within 15 days from the date of service.