What are the conditions for the crime of counterfeiting registered trademarks
1. The perpetrator The act of using the same trademark as another’s registered trademark on the same goods. That is, if the trademarks are the same, the goods using the trademark are the same kind of goods. These two conditions must be met simultaneously. If a perpetrator uses a trademark that is similar to someone else’s registered trademark on the same kind of goods, or uses a trademark that is the same as someone else’s registered trademark on similar goods, or uses a trademark that is similar to someone else’s registered trademark on similar goods, it is a trademark infringement act. It does not constitute this crime. In practice, the boundaries between these situations should be clearly drawn.
2. The perpetrator uses the same trademark registered by others on the same kind of goods. Trademark behavior is serious. This is the line that separates sin from non-sin. "Serious circumstances" mainly refer to the large amount of illegal gains, large losses to the trademark owner or other serious circumstances, etc.
3. When using someone else’s registered trademark, the perpetrator does not obtain the permission of the owner of the registered trademark. The "registered trademark owner" is the trademark registrant. In our country, if a trademark registration application is filed in accordance with the law and approved by the Trademark Office, the trademark registration applicant becomes the registered trademark owner. Without the permission of the registered trademark owner, it means that the perpetrator does not obtain the consent of the registered trademark owner when using someone else's registered trademark. This is a prerequisite for this crime. According to the provisions of the Trademark Law, a trademark registrant can license others to use its registered trademark by signing a trademark license contract. If the perpetrator has obtained the permission of the owner of the registered trademark but fails to complete the relevant procedures in accordance with legal procedures, it cannot be considered to constitute a crime.
The above knowledge is the answer of the editor of Legal Savior Network to the question "What are the conditions for the crime of counterfeiting registered trademarks". If readers need legal help , welcome to the Legal Savior Network for legal consultation.
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