Is infringement of trademark rights unfair competition
Trademark infringement cases can be applied to both trademark law and counter-infringement Fair Competition Law, because infringement of trademark rights itself is an act of unfair competition, but there are differences. When the Anti-Unfair Competition Law applies, it generally refers to counterfeiting or fraudulent use of trademarks, and administrative penalties are more often applied. When trademark law is applied, the infringement is already serious and is generally resolved through litigation, and the amount of the claim will be relatively large.
There are the following forms of trademark infringement: Situation:
(1) Malicious forgery and creation of others Registered trademarks or sell goods with maliciously forged or manufactured Registered trademarks. This kind of infringement mainly manifests itself in the following aspects:
1. Selling goods with maliciously forged or manufactured registered trademarks;
2. Manufacture of logos of registered trademarks without the approval or entrustment of the trademark owner;
3. Maliciously forging other people’s registered trademarks;
4 , maliciously create the registered trademark logo beyond the authority granted by the trademark owner;
(2) Without the approval of the legal owner of the registered trademark, use the same or similar trademark on the same or similar products without authorization. The specific situations cover the following four types:
1. Using trademarks similar to others’ registered trademarks on similar goods;
2. Using the same trademark as another’s registered trademark on the same goods;
3. Using the same trademark as another’s registered trademark on similar goods;
4. Use a trademark similar to someone else’s registered trademark on the same goods.
Taking the above actions without the consent of the parties involved, whether intentional or negligent, constitutes infringement of others’ registered trademarks
(3) Maliciously selling goods with counterfeit registered trademarks.
This type is knowingly committed, and the seller clearly knows It is a product that counterfeits a registered trademark but violates the law, which also constitutes trademark infringement.
(4) Exclusive right to use registered trademarks of others Other infringements committed
1. Malicious infringement The perpetrator of the exclusive right to register a trademark of others provides warehouse storage, logistics transportation, hiding and other breeding activities. Such infringement presupposes intentional commission.
2. Consignment sales are known to infringe on other people’s registered trademarks Exclusive rights to the conduct of the product. The principle of fault liability is adopted for such conduct.
3. On the same product, compare the Using words or graphics that are identical or similar to someone else's registered trademark as a product name or product decoration may easily lead to misunderstanding.
If you want to know about trademark infringement, then You need to find professional lawyer help. There are many lawyers on Legal Savior Online to get professional advice in this area.