Are the 20 different sub-categories of trademarks considered infringement?
Same trademark If the two categories are not similar, there will be no infringement. It should be particularly pointed out that different categories and groups do not mean dissimilarity, and specific issues should be analyzed in detail. For example, beverages and mineral water named "mineral ice" belong to the 32nd category of commodities, while ice bricks, popsicles, etc. belong to the 30th category of commodities. They do not belong to the same category. However, since the raw materials, uses, sales channels, consumer groups, etc. are basically the same and the production processes are similar, they should be recognized as similar goods. Moreover, the standards for similar goods are constantly developing and changing with the development of the times. Some originally dissimilar goods may become similar due to the emergence of new materials, new processes, new forms, as well as changes in functions, uses, sales channels, etc. commodity. In the case of using a trademark that is the same as or similar to a registered trademark, the goods approved for use with the registered trademark are similar in terms of functions, uses, raw materials, production companies, consumer targets, sales channels, etc., which may easily cause consumers to misunderstand the source of the goods. The products are "similar products".
The law has clear provisions on trademark infringement, as follows:
1. Without the permission of the trademark registrant, use a trademark that is identical or similar to the registered trademark on the same or similar goods;
2. Sales that infringe the registered trademark Products with exclusive rights;
3. Forging or manufacturing registered trademarks of others without authorization or selling registered trademarks that are forged or manufactured without authorization;
4. Without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put into the market again;5. Cause other damage to others’ exclusive rights to registered trademarks.
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