Question: What Acts Infringe the Exclusive Right to Use a Registered Trademark?

The following constitute infringement:

(1) using an identical trademark on identical goods without permission;

(2) using a similar trademark on identical goods, or an identical or similar trademark on similar goods, without permission where confusion is likely;

(3) selling goods that infringe the exclusive right;

(4) forging or making registered-trademark labels without authorization, or selling such labels;

(5) replacing a registered trademark without consent and putting the goods bearing the replacement mark back on the market;

(6) intentionally facilitating or assisting another person’s infringement;

(7) otherwise causing harm to another person’s exclusive trademark right.

Using a sign identical or similar to another’s registered trademark as a product name or decoration on identical or similar goods in a manner that misleads the public constitutes infringement under item (2).

Providing warehousing, transportation, mailing, printing, concealment, business premises, or an online trading platform for infringement constitutes facilitation under item (6).

The following constitute other harm under item (7):

(1) prominently using wording identical or similar to another’s registered trademark as a trade name on identical or similar goods in a manner likely to cause public misidentification;

(2) copying, imitating, or translating another’s registered well-known trademark, or a principal part of it, for use on dissimilar goods in a manner that misleads the public and may harm the registrant’s interests;

(3) registering wording identical or similar to another’s registered trademark as a domain name and conducting e-commerce in relevant goods through it in a manner likely to cause public misidentification.

Using another’s registered trademark or unregistered well-known trademark as a trade name in an enterprise name in a misleading manner that constitutes unfair competition shall be handled under the Anti-Unfair Competition Law of the People’s Republic of China.