Are similar trademarks considered bona fide infringement?

As people pay more and more attention to Trademarks, people find that some trademarks are becoming more and more similar, and some users do not know that they are similar to other trademarks. So is this similar trademark a bona fide infringement? Are there any relevant provisions in law? Now the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

Is a similar trademark a bona fide infringement?

Whether a similar trademark is a bona fide infringement depends on the specific circumstances. The so-called similar trademarks refer to two trademarks that are not exactly the same as the registered trademark, but are identical or similar to the registered trademark in terms of shape, pronunciation or meaning, and are used on the same or similar goods as the goods for which the registered trademark is approved. Trademarks that easily cause ordinary consumers to misunderstand the origin of the goods.

1. Similar trademarks exist in comparison with registered trademarks. Without a registered trademark, there is no similar trademark targeted in the determination of trademark infringement.

2. A similar trademark is a trademark that is not exactly the same as a registered trademark. If they are exactly the same, they constitute the same trademark as the registered trademark and are no longer similar trademarks.

3. A similar trademark is a trademark that is the same or similar to a registered trademark in shape, pronunciation or meaning. If they are neither identical nor similar, then they are two completely different trademarks, and there is no question of similar trademarks anymore.

4. When judging similar trademarks, the so-called similarity has reached a level that is likely to cause confusion, that is, the trademark is used on the same or similar goods as the registered trademark. For products, ordinary consumers may have a wrong understanding of the source of the product. If there is no misunderstanding, it is not a similar trademark.

The so-called bona fide infringement means that the infringer has no intention or negligence to infringe subjectively, but only objectively infringes on the registered trademark rights of others. According to the provisions of Article 57, Paragraph 3 of the Trademark Law, if you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you obtained the goods legally and explain the supplier, you will not be liable for compensation. Therefore, the Trademark Law clearly stipulates that good-faith infringement does not bear liability for compensation, and it only applies to the sale of infringing goods. Other infringements should be held liable even if they are done in good faith.

Although the seller's industry is involved in trademark infringement, it is not liable for compensation.The conditions are: the seller should provide evidence to prove that he does not know that the goods he sells are goods that infringe the exclusive rights of registered trademarks; he should provide evidence to prove that the goods he sells come from legal sources, that is, he should be able to prove that the goods were obtained legally and explain that he provided the goods. By. In addition, after the seller's behavior is considered to be an infringement, he should immediately stop the infringement. If he continues to sell infringing goods, it is an intentional infringement, and he should be liable for compensation to the rights holder for continued sales.

The above are detailed answers to questions such as how trademark applicants should submit applications for review. I hope it will be helpful to everyone, and they can promptly and legally safeguard their legitimate rights and interests when they are infringed upon. own rights and interests. If you or your family members or relatives have a complicated situation and need legal services, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.