What are the behaviors and determinations of trademark infringement
Article 57 of the "Trademark Law" Any of the following acts shall constitute an infringement of the exclusive right to use a Registered trademark:
(1) On the same kind of goods without the permission of the trademark registrant Using a trademark that is the same as its registered trademark;
( 2) Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Forgery, unauthorized production of other people’s registered trademarks or sales of counterfeit , registered trademarks produced 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.
How to determine trademark infringement
From the perspective of China’s Trademark Law, trademark The constitution of infringement usually includes the following elements:
1 Damage has been caused or is about to happen, that is, the infringement has caused damage to the trademark owner or is about to cause damage, which can be manifested as a decrease in product sales, a decrease in profits, or a decrease in trademark reputation.
The second is the illegality of the behavior, that is, the perpetrator did not With permission, there is no other legal basis to objectively exercise the rights enjoyed by the trademark owner in accordance with the law.
Third, the damage consequences are causally related to the illegal behavior, that is, the damage consequences are directly caused by the illegal behavior.
The fourth is the subjective state, including fault and no fault. Generally speaking, the perpetrator illegally uses the same or similar registered trademark For those who forge or create without authorization the registered trademark logo of others, or reversely counterfeit a registered trademark, the subjective fault of the perpetrator shall be the essential factor in determining whether the infringement is infringement; and for the act of selling goods with counterfeit registered trademarks, whether the act of counterfeiting a registered trademark shall be determined whether Infringement does not require the perpetrator’s subjective fault.
The above is the relevant knowledge compiled by the editor for everyone. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
