What are the situations in which the legitimate rights and interests of the right holders are infringed upon during the use of trademarks
Trademark Law provides legal definitions for infringement of trademark exclusive rights, and there are five types:
(1) Without the permission of the trademark registrant, using the same or similar goods with the registered trademark If the trademark is the same as or similar to a trademark, it is a trademark infringement act. The same kind of goods mentioned here refers to the same goods as the goods for which the registered trademark is approved; similar goods refer to the functions, uses, raw materials, sales channels, consumer objects, producers and operators of the goods, which are easy for consumers to use. It is difficult to identify the source of goods, resulting in misidentification and mis-purchase; identical trademarks refer to trademarks that are visually indistinguishable or have very subtle differences; similar trademarks refer to trademarks that are compared as a whole and are difficult to distinguish, causing consumers to confuse Mixed trademarks.
(2) Sales that infringe the exclusive rights of registered trademarks goods, it is trademark infringement. This means that as a seller of goods, you should not sell goods that infringe the exclusive rights of a registered trademark. If you sell them, it is a trademark infringement. However, it is not an easy task for everyone who sells goods to understand the status of trademarks on thousands or tens of thousands of goods. Therefore, it is necessary to consider the actual situation and correctly understand and use this item. by law.
(3) It is a trademark infringement act to forge or create without authorization the registered trademark logo of others or to sell the registered trademark logo that is forged or manufactured without authorization. It should be emphasized here that a trademark is a sign that distinguishes the source of goods. Its tangible carrier is the trademark logo, and the trademark plays the role of identifying the goods through the trademark logo. Trademark identification includes trademarked packaging, labels, seals, instructions, certificates and other items. Precisely because a trademark logo is a carrier that embodies the exclusive right to use a trademark, the act of counterfeiting, creating without authorization, or selling these trademark logos registered by others is a trademark infringement act.
(4) Without the consent of the trademark registrant, Changing a registered trademark and putting the goods with the changed trademark back on the market is considered trademark infringement. This infringement occurs because the trademark is changed without the consent of the trademark registrant in the business operation. The so-called business operation is to put the goods on the market after changing the trademark.
(5) The exclusive right to register a trademark to others Behavior that causes other damages is also considered trademark infringement. This item summarizes other trademark infringement behaviors that cannot be included in the above four items. This provision shows that the most basic feature of infringement of the exclusive right to use a registered trademark is to cause damage to the exclusive right to use a registered trademark. It can be said that whether Damage caused is an important indicator of infringement.
"Trademark Law of the People's Republic of China" Article 50 Article 7 Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark:
(1) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant, Using a trademark that is similar to its registered trademark on the same kind of goods, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Forging or manufacturing registered trademarks of others without authorization or selling registered trademarks that are forged or manufactured without authorization;
(5) Replace the trademark without the consent of the trademark registrant Register a trademark and put the goods with the changed trademark into the market;
(6) Intentionally providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;
(7) Causing other damage to the exclusive right to use registered trademarks of others.
In recent years, with the improvement of intellectual property protection Attention, more and more trademark infringement incidents are reported. After a trademark infringement incident occurs, as a trademark owner, his or her interests will inevitably be harmed. Therefore, the trademark owner is required to proactively take measures to hold the infringer accountable, thereby safeguarding his or her legitimate rights and interests.
