Research On The Infringement Of APP Logo Trademark

APPs with different names and appearances have been widely contacted and used by us in mobile Internet devices.APP logos are generally composed of graphic images,text,numbers,and colors.Users can use the APP logo to distinguish themselves through its distinctive features.At a glance in the APP application,find the program software you want to download and install or prepare to use.Therefore,the APP logo functions like a trademark to indicate a certain product or service,and is a new type of commercial logo in the era of the mobile Internet.According to China's "Trademark Law",China allows unregistered trademarks to exist and use,but in the event of a trademark infringement dispute,the law prioritizes protection of previously registered trademarks and unregistered well-known trademarks with a certain influence.In reality,many APP logos have not been trademark registered,but this does not deny the trademark attributes of the APP logo itself.In the process of using the APP logo,the developer of the APP logo and the manager of the APP application store may infringe certain rights and interests of the trademark owner or an unregistered well-known trademark owner.In practice,many APPs have also occurred Cases of trademark infringement disputes.Therefore,it is very urgent to analyze and study the deep-seated causes of trademark infringement caused by the APP logo,and then to dig out the root cause of conflicts.In studying the trademark infringement of the APP logo,we can start with determining the constituent elements of trademark infringement according to the Trademark Law,analyze whether the APP logo is used for trademark purposes,and identify the types of goods or services indicated by the APP logo and the infringed trademarks.Whether they are the same or similar,and judge whether there is certain confusion and possibility to the public.APP developers and APP application store managers,as the subject of APP logo trademark infringement,are mainly manifested in two types of infringement modes,direct indirect and indirect infringement.When studying infringement situations,special considerations such as the prior use and the safe harbor principle must be fully considered.presence.In order to regulate and prevent infringements in the use of the APP logo,the following aspects need to be done: strengthen the protection of the APP logo,play the role of a trademark search platform,and establish an APP logo protection organization;strengthen management of APP developers and APP stores The informationdisclosure obligations of investors;attach importance to the complementary role of the "E-Commerce Law" and the "Anti-Unfair Competition Law";strengthen the supervision of the APP industry so that the department's responsibilities are specified and the supervision procedures are standardized.