Current location - Trademark Inquiry Complete Network - Trademark registration - Is the use in trademark application an infringement?
Is the use in trademark application an infringement?
Legal analysis: it depends on the specific situation. Whether there is infringement in trademark examination requires on-site investigation by professionals of the Trademark Examination Board, and also requires relevant parties to make infringement judgments. In addition, if the trademark examination process is really deemed invalid, the trademark cannot be used any more. If there is no problem, it is not infringement and can be used normally.

Legal basis: Article 57 of the Trademark Law of People's Republic of China (PRC) commits any of the following acts, all of which are violations of the exclusive right to use a registered trademark:

(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant.

(2) selling goods that infringe upon the exclusive right to use a registered trademark.

(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks.

(4) changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again.

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