Identification of trademark infringement

Trademark infringement refers to the use of an identical or similar trademark to the trademark owner on the same or similar goods without the permission of the trademark owner, or other behaviors that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. 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 liability.
trademark infringement identification mainly adopts the following standards: the first is to use the attention of consumers and operators as the criterion for judgment; the second is to conduct partial and overall comparison methods to determine whether it is trademark infringement. Once a trademark is infringed, you can apply for compensation. The purpose of trademark infringement identification is to safeguard the legitimate rights and interests of trademark registrants, regulate market order, and protect consumer rights and interests.
As an independent third-party inspection and testing organization under Guoke Holdings, Zhongke Testing has the qualifications for intellectual property appraisal and can provide trademark infringement appraisal services.

1. Using a trademark that is the same as the registered trademark on the same product 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 is likely to cause confusion;
3. Selling products that infringe the exclusive right of a registered trademark;
4. Counterfeiting or unauthorized manufacturing of other people’s registered trademarks or selling counterfeit or unauthorized registered trademarks;
5. Changing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on 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’ registered trademark rights.

1. Entrustment: The party concerned or the lawyer entrusted by him or her shall submit a request for identification to the forensic identification institution, fill in the "Forensic Identification Letter of Entrustment", explain the unit, matter, purpose, applicant information, etc. required for identification, and sign and seal it.
2. Review: The forensic appraisal agency will review the power of attorney to confirm whether a forensic appraisal is required, whether it falls within the scope of forensic appraisal, whether it has appraisal qualifications, etc.
3. Acceptance: After the judicial appraisal agency has reviewed and approved the power of attorney, it will issue a "Notice of Acceptance of Forensic Appraisal" to the applicant, notifying the applicant to sign the agreement, provide materials, pay fees, etc.
4. Signing an agreement: The applicant and the forensic identification agency sign a "Forensic Identification Agreement" to agree on the rights and obligations of both parties, as well as the content, methods, standards, and deadlines of the identification.
5. Submit appraisal materials: The applicant provides materials related to appraisal matters to the judicial appraisal agency, including identity certificate, power of attorney, litigation materials, evidence materials, etc.
6. Payment: The applicant shall pay the forensic identification fees on time according to the charging standards and charging notices of the judicial identification institution.
7. Inspection and identification: In accordance with the requirements of the agreement and the acceptance notice, and in accordance with scientific methods and standardized procedures, the forensic identification agency will inspect and analyze the provided materials and draw preliminary identification opinions.
8, review and issuance: The forensic appraisal agency will review the preliminary appraisal opinion to ensure that it is objective, fair and accurate. After passing the review, a qualified forensic expert will issue a "Forensic Expertise Opinion" and stamp it with an official seal.
9. Issuance of appraisal documents: The forensic appraisal agency will issue the "Forensic Appraisal Opinion" to the applicant, and attach relevant inspection reports and evidence materials.
10. Service of documents: After receiving the "Forensic Expertise Opinion", the applicant shall serve it to the relevant department or individual within the prescribed time limit and keep the receipt of service.
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A Shandong Import and Export Co., Ltd. discovered that the "portrait" pattern trademark used on the inner plastic packaging and outer packaging box of the "spaghetti" that a Guangdong company declared to the customs for export was the same as the "portrait" pattern registered trademark applied for registration by a Shandong import and export company. The name and registered address of a Shandong import and export company were used on the packaging, which is suspected of counterfeiting the registered trademark of a Shandong import and export company.
To this end, a Shandong import and export company commissioned the Judicial Appraisal Center to conduct relevant appraisal work on whether the "portrait" pattern trademark used on the inner plastic packaging and outer packaging box of a Guangdong company's "spaghetti" is the same or equivalent as the "portrait" pattern registered trademark of a Shandong import and export company.
appraisal analysis results: The
appraisal analysis expert group analyzed and compared text, pattern, English letters, and layout based on the trademark photos provided by the client, and made the following appraisal opinion:
The "portrait" pattern trademark used on the inner plastic packaging and outer packaging box of a Guangdong company's "pasta" provided by the client is the same trademark as the "portrait" pattern registered trademark held by a Shandong import and export company.