How to constitute brand infringement
At the same time, it meets the following four requirements. Patent infringement:
Any act that infringes upon the rights and interests of others’ Registered trademarks is an infringement of trademark rights.
According to Article 52 of the Trademark Law, acts that infringe upon the exclusive right to register a trademark mainly include the following:
1. 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 registered trademark owner.
2. The act of changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market. This behavior is also theoretically prohibited. This is called "reverse impersonation".
3. The act of selling goods that infringe the exclusive rights of registered trademarks. Combined with the provisions of Article 56, Paragraph 3 of the Trademark Law: If you sell goods that are not known to infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and explain the supplier. Therefore, this form Trademark infringement requires subjective knowledge by the seller.
4. Forgery or unauthorized manufacture of registered trademarks of others or selling forged or unauthorized registered trademarks. It should be noted that this infringement is a trademark infringement, including "manufacturing" and "sales".
5. Acts that cause other damage to the exclusive right to use registered trademarks of others.
According to Article 50 of the Implementation Regulations of the Trademark Law and Article 1 of the Supreme People's Court's "Interpretations on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Cases",
Registration to others as stipulated in Article 52(5) of the Trademark LawBehaviors that cause other damage to the exclusive right to use a trademark include:
1. Using a mark that is identical or similar to another's registered trademark on the same or similar goods as a product The name or decoration is used to mislead the public;
2. Intentionally providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement of the exclusive rights of others' registered trademarks ;
3. Using words that are identical or similar to others’ registered trademarks as the company’s trade name or prominently use them on the same or similar goods may easily mislead the relevant public. Recognized;
4. It is easy to register words that are the same as or similar to others’ registered trademarks as domain names, and conduct e-commerce activities related to commodity transactions through the domain names. Cause the relevant public to misunderstand.
The above content is the relevant answer. If a brand constitutes infringement, it generally needs to meet the four requirements mentioned above. First, there must be facts of infringement. , and then did not obtain the consent of the other party, and caused certain harmful results. If you have other legal issues, you can consult the relevant lawyers on the Legal Savior Network.
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