What are the civil liabilities for trademark infringement?
Possible civil liabilities for trademark infringement include: stopping the infringement, eliminating the impact, and compensating for losses. The amount of compensation is generally determined by the court based on the circumstances.
According to Article 118 of the General Principles of the Civil Law, if a trademark right is infringed upon, the person has the right to demand that the infringement be stopped, the impact eliminated, and losses compensated.
How to identify trademark infringement
Anyone who commits any of the following acts shall infringe upon the exclusive right to use a Registered trademark:
(1) Without permission Use the same trademark as its registered trademark on the same product without the permission of the trademark registrant;
(2) Using the same trademark on the same product without the permission of the trademark registrant; Using a trademark that is similar to its registered trademark on a certain product, or using a trademark that is the same or similar to its registered trademark on similar products, which is likely to cause confusion;
(3 ) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Forging or making without authorization the registered trademark signs of others or selling forged or making without authorization registered trademark signs ;
(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.
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