How to classify counterfeiting of registered trademarks
Category 1: Complete counterfeiting. Products that simultaneously counterfeit other people's registered trademarks, factory names, factory addresses, etc. are called complete counterfeits. In this case, it is difficult for ordinary consumers to distinguish. The manufacturer has the most direct, comprehensive and accurate knowledge of the Production process, appearance and material characteristics of the relevant products. Therefore, its identification of product authenticity is authoritative and credible. The industrial and commercial authorities need the manufacturer That is, the trademark registrant issues an appraisal conclusion to prove whether the goods under investigation are genuine. It is worth noting that when a manufacturer issues a "counterfeit" appraisal conclusion on a cross-selling product, the trademark registrant should be required to provide a basis for distinguishing the true from the false. In specific cases, many companies' identification certificates are too simple and often only contain one sentence, that is, "the seized goods are not our company's products and are counterfeit products." There is no comparative analysis in terms of product packaging and other aspects in the certificate. Of course, the industrial and commercial authorities should keep confidential the trade secrets involved in distinguishing true and false trademarks from trademark registrants.
In addition, in order to reduce the risk of losing the lawsuit, we must implement the procedure of requiring them to provide evidence including purchase tickets and written certification within a specified reasonable period. Use evidence to overturn the appraisal conclusion of the trademark registrant. If the party concerned cannot provide sufficient and effective contrary evidence within the time limit, the appraisal conclusion of the trademark registrant shall be adopted and the goods involved shall be deemed to be counterfeit goods.
Category 2: Incomplete counterfeiting. Infringing goods have their own factory name, factory address and packaging. Merely using the same trademark on the same kind of goods constitutes infringement and is called incomplete counterfeiting. In the case of incomplete counterfeiting, the goods under investigation have their own factory names and addresses. The key to whether they constitute trademark infringement lies in whether the use of the trademark has been permitted or authorized by the trademark registrant. In this case, the opinion issued by the trademark registrant is mainly to prove whether the party's use of the trademark has its consent.
The above knowledge is the answer to the question "How to classify counterfeit registered trademarks" by the editor of Legal Savior Network. If readers need legal help, please come to Legal Saviours.com for legal advice.
