Elements of trademark infringement_Instructions on the composition of trademark infringement
Time:2026-01-06 Views:3
Elements of trademark infringement
Trademark rights are the exclusive rights legally enjoyed by trademark owners. Trademark infringement refers to the unauthorized use of a trademark that is identical or similar to a registered trademark, without the trademark owner's permission, resulting in confusion or misidentification. To constitute trademark infringement, certain legal requirements must be met.
Validity of trademark rights
First, the validity of trademark rights is the basis for trademark infringement. A trademark must be registered and meet the registration requirements stipulated in the Trademark Law, including possessing distinctive features and being able to distinguish the source of goods or services. Only legally registered trademarks enjoy legal protection; other trademarks cannot constitute trademark infringement.
Identical or similar trademarks
Secondly, trademark infringement requires the use of an identical or similar trademark. This means that the infringing trademark is identical or similar to the registered trademark in appearance, pronunciation, or meaning, which could easily cause public confusion or misidentification of the goods or services. Only the use of an identical or similar trademark constitutes trademark infringement.
Actual use
Infringement must involve actual use of the trademark, not simply registration or stockpiling. Actual use refers to the use of the infringing trademark in product sales, advertising, and other product-related activities. Only the actual external use of the infringing trademark constitutes trademark infringement.
Confusion or misidentification
Finally, trademark infringement must cause confusion or misidentification among the public. This occurs when the public cannot accurately identify the source of goods or services when purchasing goods or receiving services because the infringing trademark is identical or similar to the registered trademark, leading to confusion or misidentification. Only when confusion or misidentification exists can trademark infringement be established.