1. Requirements for determination of trademark infringement
1. There must be illegality The existence of the act means that the actor has carried out the act of selling counterfeit registered trademark goods;
2. There must be a fact of damage, which means that the actor has carried out the act of selling counterfeit goods. The conduct of trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.
3. The offender is subjectively at fault, which means that the offender already knows or should know the fact that the goods sold are goods with counterfeit registered trademarks. .
4. There must be a causal relationship between the illegal act and the damage, that is, there must be a cause and effect between the illegal actor's sales behavior and the damage to the trademark owner. relation.
5. Legal basis:
According to Article 57 of the Trademark Law of the People's Republic of China, seven types of behaviors that infringe the exclusive right to register a trademark are stipulated:
( 1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;
(2) Without trademark registration Use a trademark that is similar to the registered trademark on the same goods, or use a trademark that is the same or similar to the registered trademark on similar goods, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Counterfeiting, making without authorization or selling counterfeit trademarks , Registrar who manufactures without authorizationmark;
(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market;
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(6) Intentionally providing facilities for infringement of other people's trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights;
(7) Causing other damage to others’ exclusive rights to registered trademarks.
2. What is the standard of compensation for trademark infringement
1. Criteria for determining the amount of compensation
(1) The amount of compensation for infringement of the exclusive right to use a trademark shall be based on the actual amount of compensation suffered by the right holder due to the infringement. Determination of loss;
(2) If the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement;
(3) If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by referring to the multiple of the trademark license fee;
(4) For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method.
The amount of compensation shall include the reasonable expenses paid by the right owner to stop the infringement.
2. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the people's The court awarded a compensation of less than five million yuan based on the circumstances of the infringement.
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