What measures should Shanghai take to avoid passive trademark infringement? Trademark infringement refers to the use of a trademark without the consent of the trademark registrant, which confuses consumers with the trademark. But sometimes enterprises do not intentionally cause this result, just because they did not know that there was a similar trademark before using it and did not register it, which led to this result. This kind of passive trademark infringement is actually very helpless for infringing enterprises, not only their own trademarks have to be rectified, but also some expenses have to be compensated to trademark registrants seriously.

In the face of passive trademark infringement, enterprises should first understand some knowledge of trademark registration and trademark infringement as reserves.

Enterprises should understand that unregistered registered trademarks are protected by law. The exclusive right to use a trademark takes effect after the application for registration is approved. After that, trademark ownership will be protected by law, even if there are irregularities in trademark registration, it will still enjoy legal protection. The trademark is valid for ten years. 10 years ago 12 months is the renewal period, and the last 6 months is the renewal period. Enterprises can use these two periods to go through the formalities for the trademark that is about to be cancelled.

If the enterprise fails to renew its trademark within these two time periods, or the application for renewal is rejected, then it is not trademark infringement for others to use a trademark similar to or the same as its trademark later. If the renewal has passed the examination, it shall be regarded as trademark infringement if another person applies for a trademark similar to or the same as it later.

The identification of approximate trademarks is an indispensable part of trademark infringement. If a trademark has a similar structure to the original trademark and is used in the same category, it belongs to trademark infringement.

Infringement of similar commodities requires enterprises to correctly judge similar commodities. According to whether the two commodities are similar in use, raw materials, production enterprises, consumers, sales channels, etc., and whether these aspects will misunderstand consumers' subjective judgment, sometimes although they are not the same commodity, their manufacturing methods or required materials are similar, they will also be considered as similar products.

In the identification of trademark infringement, there is no direct relationship with the quality of goods. Assuming that the quality of goods sold by infringing enterprises is much better than that of enterprises where trademarks are located, it is undeniable that enterprises do belong to trademark infringement, which is not measured by trademark quality. Even if the goods of trademark ownership enterprises are shoddy, there will be other legal constraints, and the quality of goods is not directly related to trademark infringement.

Trademark approximation may not be trademark infringement. Adding a registered trademark to a trademark is an excuse and an explanation of important things. At this point, the behavior does not belong to trademark infringement.

Therefore, before passive trademark infringement, enterprises should measure whether their trademarks conform to the above norms on the one hand, and bear the responsibilities they should not bear on the other.