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Is it considered infringement if a trademark with the same name but different LOGO and different regions is considered infringement?

Trademarks with the same name but different LOGOs and regions are infringements.

Types of trademark infringement According to Article 57 of the Trademark Law of the People's Republic of China, seven types of infringement of the exclusive right to register a trademark are stipulated:

1 . Using the same trademark as the registered trademark on the same kind of goods without the permission of the trademark registrant.

2. Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which may easily lead to confusion.

3. Selling goods that infringe the exclusive rights of registered trademarks.

4. Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks.

5. Without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put into the market.

6. Intentionally providing facilities for infringement of other people’s trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights.

7. Causing other damage to others’ exclusive rights to registered trademarks.

The perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark owner from using its registered trademark, harming the trademark owner's legal rights. Other acts of rights and interests. The infringer is usually liable to stop the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal responsibility.

Extended information:

Four elements of trademark infringement

If the following four elements are met, it constitutes an infringement of selling goods with counterfeit registered trademarks:

1. There must be an illegal act, which means that the perpetrator has sold counterfeit registered trademark goods;

2. There must be a fact of damage, which means that the perpetrator has sold goods with counterfeit registered trademarks. The act of counterfeiting trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.

3. The offender is subjectively at fault, which means that the offender already knows or should know the fact that the goods sold are goods with counterfeit registered trademarks.

4. There must be a causal relationship between the illegal act and the damage, which means that there is a causal relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner.

Types of trademark infringement

According to Article 57 of the Trademark Law of the People's Republic of China [1], seven types of infringement of the exclusive right to register a trademark are stipulated Behaviors:

1. Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

2. Without the permission of the trademark registrant , using a trademark that is similar to its registered trademark on the same product, or using a trademark that is the same or similar to its registered trademark on similar products, which is likely to cause confusion;

3. Sales that infringe the exclusive right to register a trademark goods;

4. Counterfeiting or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

5. Replacing other trademarks without the consent of the trademark registrant Registering a trademark and putting the goods with the replaced trademark into the market;

6. Intentionally providing facilities for infringement of other people’s trademark rights and helping others to infringe trademark rights;

7. Causing other damage to others’ exclusive rights to registered trademarks;