1. Is adding words in front of a trademark still an infringement?
1. Possibly If it constitutes infringement, adding words in front of the trademark may also constitute a similar trademark. The perpetrator uses the same or similar trademark as his registered trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark owner from using his registered trademark and damages the legitimate rights and interests of the trademark owner. The infringer is usually liable to stop the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal responsibility.
2. Legal basis:
"Trademark Law of the People's Republic of China" 57 Article
Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:
(1) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant; license to use a trademark that is similar to its registered trademark on the same kind of goods, or to use a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Forging or manufacturing without authorization registered trademark signs of others or selling counterfeit or manufacturing without authorization The registered trademark mark;
(5) Without the consent of the trademark registrant, changing the registered trademark and putting the goods with the changed trademark into the market again;
(6) Intentionally providing facilities for infringement of other people’s exclusive trademark rights and helping others to commit infringement of trademark exclusive rights;
(7) Causing other damage to the exclusive right to use registered trademarks of others.
2. Is it considered trademark infringement if the products are exactly the same?
Exactly the same products but with different trademarks does not constitute trademark infringement. It depends on whether the two trademarks are so similar that they are likely to cause confusion among the relevant public. According to legal provisions, infringement of the exclusive right to register a trademark mainly includes the following types:
1. Use of 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. Without the consent of the trademark registrant, the act of replacing a registered trademark and putting the goods with the changed trademark back on the market. This behavior is also known as "reverse counterfeiting" in theory;
3. The act of selling goods that infringe the exclusive rights of registered trademarks.
3. Penalty standards for trademark infringement
For those who infringe the exclusive rights of registered trademarks, the following measures can be taken to punish:
(1) Order to stop the infringement.
(2) Impose a fine. For those who infringe the exclusive rights of registered trademarks but have not yet constituted a crime, the industrial and commercial administration authorities may, according to the circumstances, A fine of less than 50% of the illegal business volume or less than five times the profits obtained from the infringement shall be imposed; the person directly responsible for the infringement unit may be fined not more than 10,000 yuan according to the circumstances.
(3) Mediate on the amount of compensation for infringement of trademark exclusive rights.
[Warm Tips]: The editor will tell you : The products are exactly the same, but the trademarks are different. This does not constitute trademark infringement. It also depends on whether the two trademarks are similar enough to easily cause confusion among the relevant public. I hope the above content can be helpful to you. If you have other questions, you can click the button below. Consult, or go to the Legal Savior website to consult a professional lawyer.
