1. Elements of trademark infringement
If the following four elements are met, The infringement act that constitutes the sale of goods with counterfeit registered trademarks:
1) There must be an illegal act, that is, the perpetrator has carried out the act of selling goods with counterfeit registered trademarks;
2) There must be a fact of damage, which means that the perpetrator’s behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.
3] The illegal perpetrator is subjectively at fault, which means that the perpetrator already knows or should know the fact that the goods sold are goods with counterfeit registered trademarks.
4) There must be a causal relationship between the illegal act and the damage, that is, there is a causal relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner. .
2. What are the acts of trademark infringement
(1) Using the same trademark as its registered trademark on the same product without the permission of the trademark registrant;
(2) Using the same trademark on the same product without the permission of the trademark registrant; Using a trademark that is similar to its registered trademark on the same kind of goods, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;
(Three ) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Forging or manufacturing registered trademarks of others without authorization or selling registered trademarks that are forged or manufactured without authorization;
(5)Without the consent of the trademark registrant, change the registered trademark and put the goods with the changed trademark into the market;
(6) Intentionally infringing the exclusive rights of others Providing convenient conditions to help others commit acts of infringement of trademark exclusive rights;
(7) Causing other damage to others' registered trademark exclusive rights.
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