What are the circumstances of trademark infringement
1. The same product or product without the permission of the trademark registrant Use a trademark that is the same or similar to its registered trademark on similar goods
"Use" here refers to any act of associating a trademark with goods, mainly through printing, stamping, spraying, etc. to directly display the trademark on the goods or attaching items displaying the trademark to the goods. The former is like the trademark on unpackaged soap, and the latter is like the trademark on most commodity packaging. In addition, the use of trademarks in commercial documents and commercial advertisements also constitutes use of trademarks.
2. Selling goods that infringe the exclusive rights of registered trademarks
As a commodity distributor, the products it distributes can be a single commodity or thousands of commodities. The distributor cannot grasp the trademark registration status of each commodity, and it is impossible to distinguish all the commodities it operates. of authenticity. Therefore, the law stipulates that the sale of goods that infringe the exclusive rights of a registered trademark is an act of infringement of a registered trademark. At the same time, in order to protect the legitimate interests of legitimate operators, the law imposes infringement liability on the seller of goods.There are special provisions, that is, if you sell goods that are not known to infringe the exclusive rights of registered trademarks, and you can prove the legal source of the goods, you will not be liable for compensation. However, if the legitimate source of the goods cannot be proven or the goods are intentional, that is, if the goods sold are knowingly infringing the exclusive right of a registered trademark, the person shall be liable for compensation.
3. Forgery or unauthorized production of other people’s registered trademarks Or sell counterfeit or unauthorized production of other people’s registered trademarks
Counterfeiting refers to the creation of someone else’s registered trademark by plagiarism and imitation without the registrant’s knowledge and authorization; unauthorized production generally refers to the trademark maker having a trademark licensing relationship with the trademark registrant or entrusting the printing of the trademark logo relationship, but the act of creating a trademark logo outside the authorization of the trademark registrant.
4. Replacement without the consent of the trademark registrant The registered trademark and the goods with the changed trademark are put on the market
This behavior is often called "reverse passing off", and its harmful effect lies in hindering others from using the registered trademark.
5. On the same product or similar products , using a mark that is identical or similar to another person’s registered trademark as a trade name or product decoration to mislead the public
According to the explanation of the relevant departments, "misleading the public" does not require actual misidentification. As long as its use is likely to cause misidentification, it constitutes infringement.
6. Intentionally providing warehousing, transportation, mailing, concealment, etc. for infringement of the exclusive rights of others’ registered trademarks Convenient
The prerequisite for this behavior is behavior There is subjective intention on the part of the person, otherwise it will not constitute an infringement.
7. Conferring exclusive rights to registered trademarks of others Other damages
This behavior does not have a specific Extension, in fact, is the authorization of law enforcers. With this authorization, law enforcers can sanction trademark infringements other than those mentioned above to prevent criminals from taking advantage of legal loopholes.
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