What are the misunderstandings in identifying counterfeit registered trademarks
One of the misunderstandings: The trademarks are exactly the same, which means that the counterfeit trademark is exactly the same as the registered trademark, including size, font, arrangement, The combination, color, and even the plate making, printing, texture and use position of the trademark logo;
Myth No. 2: The goods are exactly the same, that is, the goods using counterfeit registered trademarks are exactly the same as the goods approved for use with the registered trademark. If the goods approved for use are medicated soap, others will If used on disinfectant soap, it is considered that the two are not the same product. If the quality of the product with a counterfeit registered trademark is inferior, some people believe that the product is different from the product with a counterfeited registered trademark;
Myth No. 3: When counterfeiting a registered trademark, you must counterfeit the company name. In fact, there is Some infringers not only counterfeit other people's registered trademarks, but also counterfeit other people's business names, but counterfeiting other people's company names is not a component of counterfeiting registered trademarks;Myth No. 4: The scope of counterfeiting of registered trademarks is incomplete. Counterfeiting of registered trademarks is not only This includes the production of goods with counterfeit registered trademarks and the sale of goods with counterfeit registered trademarks, as well as the acts of counterfeiting or making without authorization registered trademark signs of others and selling forged or made without authorization of registered trademark signs;
Myth No. 5: Counterfeiting a registered trademark must constitute a crime, and the elements that constitute a trademark crime must be on the same goods In addition to using the same trademark as someone else’s registered trademark, circumstantial factors must also be considered, such as whether the illegal business volume is particularly huge, whether the offender is a repeat offender, whether the infringed trademark is a well-known trademark, etc. If there are no such circumstantial factors, only the administrative prosecution of the party concerned shall be pursued. responsibility.
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