What are the acts of trademark infringement
1. Use infringement.
Refers to the act of using an identical or similar trademark to the registered trademark on the same or similar goods or services without the permission of the registered trademark owner. Use infringement is a common type of trademark infringement in practice. According to the relevant provisions of the Trademark Law, using another person's registered trademark must obtain the consent of the trademark registrant and sign a registered trademark use license contract. If you use someone else's registered trademark without consent, regardless of whether you are at fault, it will constitute an infringement of the exclusive right to use the registered trademark of others. Inseparable from use infringement is trademark dilution, which is another form of use infringement. For example, without the permission of the trademark owner, some companies or individuals use someone else's well-known trademark as a common name for a certain type of goods or services, or as a manufacturer's name or domain name, making the trademark indistinguishable from others. The common name, manufacturer name, and domain name of such goods or services will damage the distinctiveness of the trademark and cause the trademark to be diluted. The direct infringement object is the trademark, and the indirect infringement object is goodwill.
2. Sales infringement.
Refers to the act of selling goods that infringe the exclusive rights of registered trademarks. Distributors are the intermediary between commodity producers and consumers and have the obligation to provide consumers with qualified commodities. If a dealer provides consumers with goods that infringe on the exclusive rights of others' registered trademarks, it is undoubtedly helping the trademark infringer achieve its goals and harming the rights and interests of the trademark registrant and consumers, so it is also defined as trademark infringement. Regarding this kind of trademark infringement, the Trademark Law before the amendment stipulated the principle of fault liability, that is, the dealer will be held liable for trademark infringement only when the dealer knew or should have known that the goods it distributed were infringing goods. If the seller is not at fault, trademark infringement will not be established. However, although this provision takes into account the interests of no-fault dealers and is conducive to the circulation of goods, it is not conducive to the protection of trademark rights and brings certain difficulties to law enforcement in practice. Because dealers generally will not admit that they are distributing infringing goods with "knowingly" or "should have known", it is difficult to judge whether the dealer subjectively "knowingly"It is not easy to know” or “should have known”. The new Trademark Law has revised this and canceled the provisions of “knowingly” or “should have known”. The Trademark Law stipulates this type of behavior as trademark infringement. The purpose is to set up a legal obstacle in the circulation process to make it difficult for perpetrators of counterfeiting registered trademarks to achieve their goals and reduce the harm caused by trademark infringement to society.
3. Counterfeiting Reverse counterfeiting infringement.
Reverse counterfeiting infringement refers to the act of replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark into the market. This type of infringement was newly added when the Trademark Law was revised. The reason why reverse counterfeiting constitutes trademark infringement is because there is an inseparable internal connection between the trademark and the goods it marks. This internal connection changes with the With the expansion and deepening of trademark reputation and product reputation. The function of trademark rights is to maintain the stability and development of this relationship. Behavior that destroys this relationship affects the normal performance of the trademark function and also damages the trademark rights of others. In the case of counterattack In counterfeiting, the perpetrator is not the end user of the goods. This behavior artificially separates the connection between the trademark and the goods, deprives others of the opportunity for the registered trademark to expand its reputation through further circulation, and affects consumers' perception of the trademark. The registrant's cognition leads to the failure to fully realize the economic interests of the trademark registrant and damages the trademark owner's exclusive right to its registered trademark, which is a trademark infringement.
4. Other infringements.
Other infringements refer to behaviors that cause damage to others’ registered trademark rights in addition to use infringement, sales infringement, and reverse counterfeiting infringement. According to the relevant provisions of the "Regulations for the Implementation of the Trademark Law", behaviors that cause other damage to the exclusive right to use a registered trademark of others mainly refer to the following behaviors: that is, using a mark that is the same or similar to another's registered trademark on the same or similar goods. Use as a product name or product decoration to mislead the public; intentionally provide warehousing, transportation, mailing, concealment and other convenient conditions for infringement of other people's exclusive rights to registered trademarks.
The above content is the relevant answer. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.