Will borderline trademark infringement occur?

If these two logos appear in the same product category, for example, both in the field of shoes, or one is in the field of shoes and the other is in the field of alcohol products, and the two span a wide range, then it may not be possible. It will cause confusion and misleading in the market. In this case, trademark infringement may not be established. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Will borderline trademarks be infringed?

The so-called marginal trademark, that is, the logo is similar or even the same as the trademark of a well-known brand. This is possible. This leads to infringement of the trademark rights of such well-known brands.

In terms of identifying what constitutes trademark infringement, it is necessary to comprehensively consider a variety of factor.

For example, is there any similarity between the suspected infringing logo and the genuine logo? locations, and the types of goods to which they apply.

If both appear in the same product category, for example, they are both footwear products , or if one party involves footwear products and the other party involves alcohol products, and spans a larger field, it may not cause confusion and misunderstanding in the market. In this case, it may not constitute a trademark. infringement.

The final determination of whether it constitutes infringement will be based on whether it will give consumers or relevant public Causing confusion and misunderstanding.

Article 52 of the Trademark Law

will If an unregistered trademark is used as a registered trademark, or if the use of an unregistered trademark violates Article 10 of this Law, the local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may notify the person. If the illegal business volume exceeds 50,000 yuan, the person may be punished. A fine of less than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed.

2. Does it violate trademark law to say insurance company underwriting on product packaging?

If specific insurance is clearly stated in a prominent position on the product packaging If the company assumes the responsibility for protection, and the information does come from a valid, authentic and effective insurance contract, then such behavior is not suspected of violating trademark laws.

The key is to ensure the authenticity and reliability of the information. If the insurance company does provide practical insurance services to consumers, and in the relevant If this is clearly stated in the documents and agreements, mentioning the name of the insurance company on the product packaging can be regarded as legal and reasonable behavior.

Some people hold different views. They believe that such a situation may constitute an infringement of trademark law because it may lead to misunderstandings among consumers. It is thought that the insurance company has some relationship with the quality or safety performance of the product, but in fact, this may be affected by many other factors.

Even so, as long as the information is accurate and does not deceive or mislead consumers,If there are good intentions, then such behavior can usually be deemed legal.