How to judge whether an act is a trademark infringement
1. There must be an illegal act, that is, the perpetrator has committed it The act of selling counterfeit registered trademark goods;
2. There must be facts of damage, that is, the perpetrator's act of selling counterfeit trademark goods has caused the trademark owner consequences of damage. 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 offender is subjectively at fault, which means that the offender 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. .
Not all uses of trademarks with the same name or surname or similar appearance are trademark infringements. Article 57 of China's Trademark Law stipulates that any of the following acts shall infringe the exclusive right to register a trademark:
(1) Without trademark registration Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;
(2) Using the same trademark on the same kind of goods without the permission of the trademark registrant Using a trademark that is similar to its registered trademark, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;
(3) Sales infringement of registration Products with exclusive rights to trademarks;
(4) Forging or manufacturing registered trademarks of others without authorization or selling registered trademarks that are forged or manufactured without authorization;
(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;
(6) Intentionally providing facilities for infringement of other people’s exclusive trademark rights and helping others to carry out infringement of trademark exclusive rights;
(7) Causing other damage to the exclusive right to use registered trademarks of others.
Generally speaking, it is possible to resolve the issue through negotiation or request the industrial and commercial administration department to handle it. In this case, you have to Choose the way to file a lawsuit in the People's Court. The above is the relevant content compiled by the editor for you. If you have other questions, you can consult online with the lawyers at our Legal Savior Network.
