How does a trademark constitute infringement?
From the perspective of China's trademark law, the constitution of trademark infringement usually includes the following elements:
First, the infringement has caused damage or is about to cause damage to the trademark owner, which can be expressed as: Product sales decrease, profits decrease or trademark reputation decreases, etc.
The second is the illegality of the behavior, that is, the perpetrator did not With permission, there is no other legal basis to objectively exercise the rights enjoyed by the trademark owner in accordance with the law.
Third, the consequences of damage are causally related to the illegal act , that is, the damage is directly caused by the illegal act.
The fourth is the subjective state, including fault and no fault. Generally speaking, if the perpetrator illegally uses a trademark that is the same as or similar to the registered trademark, forges or creates without authorization the registered trademark logo of others , for the act of reverse counterfeiting a registered trademark, the subjective fault of the perpetrator is an essential factor when determining whether it is an infringement; and for the act of selling goods that counterfeit a registered trademark, the subjective fault of the perpetrator is not an essential factor when determining whether it is an infringement.
According to the provisions of China’s Trademark Law and relevant judicial interpretations , specific acts that infringe on trademark rights include the following:
First, the act of using a trademark that is identical or similar to a registered trademark on the same or similar goods without the permission of the trademark registrant is also called use infringement.
The second is the act of selling goods that infringe the exclusive rights of registered trademarks, which is a trademark infringement in the circulation field, and Claiming sales infringement.
The third is counterfeiting and unauthorized manufacturing The act of others registering a trademark or selling a counterfeit or unauthorized registered trademark is also called trademark infringement.
Fourth, the act of replacing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market is called reverse counterfeiting abroad.
Fifth, causing others to have exclusive rights to registered trademarks Other harmful behaviors.
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