Does a registered similar trademark constitute infringement?

First of all, the general attention of consumers should be used as the criterion; secondly, it is not only necessary to conduct a comprehensive comparative analysis of the Trademarks, but also to pay attention to the main parts of the trademarks. This comparison should be conducted separately in an environment where the comparison objects are independent; finally , when judging whether trademarks are similar, the distinctiveness and popularity of the registered trademark requested for protection must be fully taken into consideration. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Does a registered similar trademark constitute infringement

When a similar trademark is registered, this behavior may constitute infringement.

The "trademark is the same" mentioned here refers to the trademark accused of infringement and the trademark Comparing the plaintiff's registered trademarks with each other, there is almost no difference between the two from a visual perspective; and the so-called "trademark similarity" refers to the comparison between the accused of infringement trademark and the original registered trademark. There are similarities between the glyphs, pronunciation, meanings and even graphic composition, color use and even the overall structure of the trademark formed by the combination of various elements, or if the accused of infringement and the original registered trademark are used at the same time in the same environment, it is easy to cause The relevant public misunderstands the source of the goods or mistakenly believes that there is a certain connection between the goods with the infringing trademark and the goods with the original registered trademark.

The principles for identifying identical or similar trademarks mainly include the following aspects: First , the general attention of the relevant public should be used as the criterion; secondly, when comparing trademarks, it is not only necessary to consider the trademark as a whole, but also pay attention to the comparison of the main parts of the trademark, and these comparisons should be in the context of the comparison object. They must be carried out separately in isolation; finally, when judging whether the trademarks are similar, factors such as the distinctiveness and popularity of the registered trademark requested for protection must be fully taken into consideration.

Trademark Law 》Article 52

Five infringements of exclusive rights to registered trademarks:

1. Using trademarks on the same or similar goods without the permission of the trademark registrant For registered trademarks that are identical or similar, this article can be divided into four types of trademarks. Form of infringement:

(1) The trademark accused of infringement is the same as the registered trademark, The goods used by the alleged infringing trademark are also of the same category as the goods approved for use by the registered trademark.

(2) The trademark accused of infringement is the same as the registered trademark, and the goods used by the alleged infringed trademark are similar to the goods approved for use by the registered trademark.

(3) The trademark accused of infringement is similar to the registered trademark, and the trademark used by the accused trademark is the same as the goods approved for use by the registered trademark Belong to the same category

(4) The trademark accused of infringement is similar to the registered trademark. The goods used by the alleged infringing trademark are similar to the goods approved for use by the registered trademark

2. How to define jurisdiction over the crime of counterfeiting registered trademarks

With regard to the jurisdiction of counterfeit trademark infringement cases, the specific provisions include clearly defining the jurisdiction of the case, Strict provisions are made on the place where the infringement is committed and the place where the infringement results occur. It also covers the regulations for information network infringement. Among them, the place where the infringement is committed on the information network and the place where the infringement results occur on the information network must be determined by the infringed person. The person’s place of residence is used as a reference.