What are the criteria for judging trademark infringement
(1) Without the permission of the trademark registrant, using the same or similar goods with Trademarks whose registered trademarks are identical or similar.
This behavior is The most common type of trademark infringement in our administrative enforcement and judicial practice. It mainly includes four behaviors: first, using the same trademark as someone else’s registered trademark on the same kind of goods; second, using the same trademark as someone else’s registered trademark on the same kind of goods; third, using the same trademark as someone else’s registered trademark on similar goods. The trademark is the same as the trademark; the fourth is the use of a trademark similar to the registered trademark of others on similar goods.
It should be noted that the " "Use" is a broad concept, including using trademarks on goods, product packaging or containers, and commodity transaction documents, or using trademarks for advertising, e-commerce, exhibitions, and other business activities. Commercial documents such as sales invoices and contracts are an important part of commodity trading activities. The use of trademarks in these commercial documents shall be regarded as the use of trademarks. At the same time, the "use" at this time should be limited to commercial use, and the use of the trademark by the parties in public welfare activities such as education and scientific research is not included.
(2) Sales infringement of registered trademarks goods with exclusive rights.
In the administrative enforcement of trademarks In judicial practice, since companies that deliberately commit trademark infringement and counterfeiting are often more concealed, the act of selling trademark infringing goods has become the easiest and most common trademark infringement for us. Since trademark infringing goods must be sold through Only in this way can infringers realize illegal profits, can cause misunderstanding and confusion among consumers, and can cause damage to the rights and interests of trademark registrants. Therefore, investigating and punishing trademark infringing products in the sales process is an important means to stop trademark infringement.
(3) Forgery or unauthorized production of other people’s registered trademarks Or selling counterfeit or unauthorized registered trademarks.
Trademark logo is the carrier of trademark and the material expression of trademark. Some people liken the act of manufacturing and selling counterfeit or unauthorized manufacturing of registered trademark logos of others as the source of trademark infringement and counterfeiting. Therefore, China's Trademark Law will Such behavior is clearly prohibited as trademark infringement, which is to fundamentally prevent trademark infringement and counterfeiting.
It should be particularly pointed out that China's newly revised "Criminal Law" defines the act of counterfeiting or unauthorized manufacturing of registered trademarks of others or selling forged or unauthorized registered trademarks as Criminal conduct for which criminal liability may be pursued.
(IV ) without trademark registrationThe registrant agrees to change its registered trademark and put the goods with the changed trademark back on the market.
This provision is a newly added provision. It is called "reverse counterfeiting". Specifically, it refers to the act of removing, changing or replacing the trademarks that others have legally affixed to the goods during product sales activities, and pretending to display or sell the goods as one's own. Generally speaking, this approach is unfair competition in which operators with a market monopoly stifle emerging potential competitors so that their trademarks can never establish contact with consumers and form their own independent sales markets. In foreign countries, the Anti-Unfair Competition Law is generally used for adjustment. Since this behavior is an act of unfair competition using trademarks, my country uses the Trademark Law to adjust it.
(5) The exclusive right to register a trademark to others causing other damage.
This kind of trademark infringement mainly includes: span>
1. On the same or similar goods, the Using signs that are identical or similar to others’ registered trademarks as product names or product decorations to mislead the public;
2. Intentionally providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement of the exclusive rights of others' registered trademarks."
The above is the content compiled by the editor for you. Infringement of trademark rights requires the perpetrator to commit infringement and have the intention to infringe. , the damage caused to the right holder, there is a causal relationship between the damage and the behavior,Infringement of trademark rights may constitute a criminal offence. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.