What are the conditions that constitute the crime of counterfeiting registered trademarks
1. 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 the crime of counterfeiting a registered trademark. 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.
2. The perpetrator used the same trademark registered by others on the same product. trademark behavior. 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 the crime of counterfeiting a registered trademark. In practice, the boundaries between these situations should be clearly drawn.
3. The perpetrator uses the same trademark as someone else’s registered trademark on the same product, and the circumstances are 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.
The above is an introduction to the conditions that constitute the crime of counterfeiting registered trademarks. I hope it can help everyone. If you need to know more, please pay attention to the official website of the Legal Savior Network and consult me onlineWe Lawyers at Legal Savior Network are here to serve you wholeheartedly.
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