Article 50 of the Trademark Law provides for trademark infringement by enumerating legislation, specifically providing for six types of infringement and one catch-all clause, which involves the following infringements:
1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same kind of goods;
2) Without the permission of the trademark registrant, the use of a trademark similar to the registered trademark on the same kind of goods, or the use of a trademark identical or similar to the registered trademark on similar goods, which is likely to cause confusion;
3) Selling goods that infringe on the exclusive right to use a registered trademark;
4) Forging or manufacturing the logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;
5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;
6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to carry out an act of infringing on the exclusive right to use a trademark.
For example, when analyzing the incident of "selling goods infringing the exclusive right to use a registered trademark", it is inevitable to determine whether the alleged infringing trademark is the same or similar to the registered trademark of the trademark owner. In order to facilitate the intuitive understanding of trademark infringement, the following will use a case study to interpret the trademark infringement.
Situation 1: Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods.
Trademark identicality means that the two trademarks are identical or basically unchanged in terms of hearing and perception in terms of hearing or perception. The so-called basically no difference means that although the two trademarks have individual minor parts that are not identical, but the main parts are exactly the same or there is almost no difference in the overall perception, it is difficult for the relevant people or consumers to separate the two visually or audibly under the general attention, and this way is a more obvious trademark infringement, and the infringement is very obvious.
When a trademark infringement occurs and a dispute arises, the parties may first settle the dispute through negotiation, and if they are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the people's court or request the administrative department for industry and commerce to handle the matter. Generally speaking, disputes can be resolved through negotiation, complaints and reports to the administrative department for industry and commerce, and civil litigation, which is also the main way to protect rights in practice.