What actions constitute trademark infringement
1. Without the trademark registrant License to use a trademark that is identical or similar to its registered trademark on the same or similar goods, which may cause confusion.
This kind of behavior is the most common kind of trademark infringement. It mainly includes four behaviors:
First, using the same trademark as another person’s registered trademark on the same product;
The second is to use the same trademark as another’s registered trademark on the same kind of goods;
The third is to use the same trademark as another’s registered trademark on similar goods A trademark that is the same as the registered trademark;
The fourth is using a trademark that is similar to the registered trademark of others on similar goods.
It should be noted that the "use" mentioned here is a broad concept, including the use of trademarks on commodities, commodity packaging or containers, and commodity transactions. on documents, or use the trademark for advertising, e-commerce, exhibitions and other business activities. Commercial documents such as sales invoices and contracts are an important part of commodity trading activities. The use of trademarks in these commercial documents shall be regarded as the use of trademarks. At the same time, the "use" at this time should be limited to commercial use, and the use of the trademark by the parties in public welfare activities such as education and scientific research is not included.
2. Selling goods that infringe on registered trademark rights.
Since companies that deliberately commit trademark infringement and counterfeiting are often more concealed, selling trademark infringing goods is the easiest and most common behavior for us to discover. of trademark infringement. Since trademark infringing goods must pass through the sales process, theyOnly by enabling the infringer to realize illegal profits can it cause misunderstanding and confusion among consumers, and can cause damage to the rights and interests of trademark registrants. Therefore, trademark infringement against sellers is extremely common.
3. Forgery or unauthorized manufacture of trademarks that are identical or similar to others' registered trademarks, or sell forged or unauthorized manufactures of trademarks that are identical or similar to others' registered trademarks of identification.
Trademark logo is the carrier of the trademark and the material expression of the trademark. Some people liken the production and sale of counterfeit and unauthorized production of other people's registered trademarks to the source of trademark infringement and counterfeiting.
Therefore, my country's Trademark Law clearly stipulates that such behavior is trademark infringement and prohibits it, which is to fundamentally prevent the occurrence of trademark infringement and counterfeiting. Moreover, my country’s Criminal Law defines the act of counterfeiting or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks as criminal acts that can be investigated for criminal liability, which shows that this behavior is very strict.
4. Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;
This provision is reverse counterfeiting, which specifically refers to the elimination, change or replacement of trademarks legally affixed to goods by others during product sales activities, and then displays or sells them as one's own goods. the behavior of.
Generally speaking, this approach is that operators with a monopoly position in the market stifle new potential competitors, so that their trademarks can never establish contact with consumers. , unfair competition that cannot form its own independent sales market.
In foreign countries, the Anti-Unfair Competition Law is generally used for adjustment. Since this behavior is an act of unfair competition using trademarks, my country uses the Trademark Law to adjust it.
5. Using signs that are identical or similar to others’ registered trademarks as product names or product decoration on identical or similar products, misleading the public;
5. p>
6. Intentionally providing convenient conditions such as warehousing, transportation, mailing, concealment, processing, production tools, production technology or business premises for infringement of other people's trademark rights;
7. Use words that are the same or similar to others’ registered trademarks as the company’s font size in the same or similarUsed on products.
Or use it in other ways to highlight its identification function, which is likely to cause misunderstanding by the relevant public; this kind of behavior is to register someone else’s registered trademark as a business name The premise for the establishment of trademark infringement is that the trademark application comes first and the company registers it later. It is often the behavior of companies to take advantage of the popularity of other people's trademarks. These companies use other people's registered trademarks as the name of the company, misleading consumers and infringing upon the trademark infringement. The trademark rights of the trademark owner.
8. Copy, imitate, or translate well-known trademarks registered by others.
Or its main content Part of it is used as a trademark on different or dissimilar goods, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark.
9. Register words that are the same as or similar to others’ registered trademarks as domain names.
And the e-commerce promotion of related products or product transactions through this domain name is likely to cause misunderstandings among the relevant public. There are two main types of trademark infringement:
First, registering other people's well-known trademarks as domain names for commercial purposes;
Second, register and use domain names that are identical or similar to others' registered trademarks for commercial purposes, intentionally causing confusion with the products and services provided by others, and misleading Internet users to access their websites or of other online sites.
10. Causing other damage to the exclusive right to use registered trademarks of others.
The above knowledge is the answer of the editor of Legal Savior Network to the question "What behaviors constitute trademark infringement". If readers need legal help, please come to Legal Savior Network for legal advice.
