Trademarks
How Are Identical and Similar Trademarks Determined?
Last Updated: October 3, 2026Question: How Are Identical and Similar Trademarks Determined? A people’s court applies the following principles under Article 57(1) and (2) of the Trademark Law: (1) use the ordinary level of attention of the relevant public; (2) compare both the marks as a whole and their principal parts, with the objects compared separately in isolation; (3)...
What Are “Similar Goods” and “Similar Services” Under Trademark Law?
Last Updated: October 3, 2026Question: What Are “Similar Goods” and “Similar Services” Under Trademark Law? Similar goods under Article 57(2) are goods identical in function, use, production sector, sales channel, or consumers, or goods generally regarded by the relevant public as specifically connected and likely to cause confusion. Similar services are services identical in purpose, content, method, or target...
What Do “Identical Trademark” and “Similar Trademark” Mean Under Trademark Law?
Last Updated: October 3, 2026Question: What Do “Identical Trademark” and “Similar Trademark” Mean Under Trademark Law? An identical trademark under Article 57(1) and (2) means that the accused mark is visually almost indistinguishable from the plaintiff’s registered trademark. A similar trademark under Article 57(2) means that the accused mark is similar in the form, pronunciation, or meaning of its...
Can Trademark Infringement Give Rise to Criminal Liability?
Last Updated: October 3, 2026Question: What Criminal Liabilities May Arise from Trademark Infringement? Criminal liability: Where unauthorized use of an identical registered trademark on identical goods constitutes a crime, criminal liability shall be pursued in addition to compensation. Where forging, making without authorization, or selling forged or unauthorized registered-trademark labels constitutes a crime, criminal liability shall be pursued in...
What Acts Constitute Infringement of the Exclusive Right to Use a Registered Trademark?
Last Updated: October 3, 2026Question: 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...
What Civil Liabilities May Arise from Trademark Infringement?
Last Updated: October 3, 2026Question: What Civil Liabilities May Arise from Trademark Infringement? Civil liability: Damages are determined according to the right holder’s actual loss; if difficult to determine, according to the infringer’s benefit; and if both are difficult to determine, by reasonable reference to a multiple of the trademark license fee. For malicious infringement under serious circumstances, damages...