Good porridge is infringement?
Item (1) of Article 52 of the Trademark Law of People's Republic of China (PRC) stipulates that using the same or similar trademark on the same or similar goods without the permission of the trademark registrant is an infringement of the exclusive right to use a registered trademark. The second paragraph of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates that trademark approximation as stipulated in Item (1) of Article 52 of the Trademark Law refers to that the font, pronunciation, meaning or graphic composition and color of the accused infringing trademark are similar to those of the plaintiff, or the overall structure after the combination of its elements is similar, or the three-dimensional shape and color combination are similar, which may easily make the relevant public misunderstand the source of the goods or think that its source is the plaintiff. Article 10 of this interpretation also stipulates that the people's court shall follow the following principles when determining that trademarks are identical or similar in accordance with the provisions of Item (1) of Article 52 of the Trademark Law: (1) Take the degree of general concern of the relevant public as the standard; (2) It is necessary to compare not only the whole trademark, but also the main parts of the trademark, and they should be compared separately in the isolated state of the comparison objects; (3) When judging whether the trademarks are similar, the distinctiveness and popularity of the registered trademarks should be considered.