Infringement is considered if the similarity reaches 80%. Without the permission of the trademark registrant, using a trademark that is identical or similar to the registered trademark on the same or similar goods is an infringement of the exclusive right to use a registered trademark.
If the following three elements are met, it constitutes infringement:
(1) Whether the trademarks are similar; trademark similarity is mainly based on the sound, shape, meaning and composition of the trademarks. analyze.
(2) Whether the goods or services are similar; similar goods refer to the same goods in terms of functions, uses, production departments, sales channels, consumer objects, etc., or the relevant public generally believes that they have a specific connection and are likely to cause confusion. of goods.
(3) Whether it is likely to cause confusion among the relevant public.
If the other party applies for a patent and your work is very similar to the other party, then whether it constitutes an infringement of the design patent is based on the design of the accused infringing product and the patented appearance that has been applied for. Whether the design is the same or similar. The sameness or similarity mentioned here should mainly refer to the sameness or similarity in visual and aesthetic sense.
Whether the design of the product is identical or similar to the design of the alleged infringing product, the two should be compared:
(1) If the shape or pattern of the two If the main design parts (essential parts) are the same, the two should be considered to be the same design;
(2) If the main design parts (essential parts) of the constituent elements are the same or similar, the minor If the parts are not the same, they should be considered to be similar designs;
(3) If the main design parts (essential parts) of the two are not the same or similar, they should be considered to be different or similar. It's not close.
Similar trademark infringement is based on the following aspects:
1. The font, pronunciation, and meaning of the trademark text are similar, or the composition, coloring, and appearance;
2. Pronunciation of the trademark;
3. Meaning of the trademark;
4. General attention of the relevant public. That is, the distinctiveness and popularity of a registered trademark.
Legal basis:
"Trademark Law of the People's Republic of China"
Article 52
Have the following acts Any one of them shall be an infringement of the exclusive right to use a registered trademark:
(1) Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant;< /p>
(2) Selling goods that infringe the exclusive rights of registered trademarks;
(3) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks;< /p>
(4) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market; other damages.