What are the specific forms of trademark infringement
(1) Without the permission of the Registered trademark owner, Using a trademark that is identical or similar to its registered trademark on the same kind of goods or similar goods;
(2) Selling goods that are knowingly counterfeit registered trademarks;
(3) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;
(4) Causing other damage to the exclusive right to use registered trademarks of others. ”
The following behaviors are not infringement of trademark rights
1. Acts of fair use of trademark logos
The act of fair use of a trademark logo is not an infringement of trademark rights because the object used is not a trademark, but only the same symbol as the trademark. It constitutes fair use. The behavior must meet three conditions at the same time: the use is in good faith, not used as a trademark for one's own goods, and the use is only to explain or describe one's own goods. "Explaining or describing one's own goods" includes explaining or describing goods manufactured by oneself and sold by oneself. The following situations are fair use: using the common name, graphics, and model of the product contained in the registered trademark; using the registered trademark to directly express the nature, purpose, quality, and The act of marking the main raw materials, types and other characteristics; the act of using others’ registered trademarks within the necessary scope to explain the source, indicating the purpose, etc. when selling goods; regulating the use of one’s own business name that is the same or similar to someone else’s registered trademark The act of using the name of one's own location that is the same as or similar to someone else's registered trademark, etc.
2. Generalization of trademarks
This involves the identification of common names. Common names usually refer to names stipulated by national standards, industry standards or by convention in the industry, including full names, abbreviations, abbreviations, and common names.etc., should be shared by a country or a certain industry. Names used only in a certain region are not common names, and should reflect the fundamental difference between one type of commodity and another type of commodity. If others use a trademark that has been generalized within the scope of the generalization instead of using it as a trademark, and it is not enough to cause confusion or misunderstanding, it shall be determined that it does not constitute infringement.3. The act of registering a design patent or work that has expired as a trademark
Parties Registering the design or work or part thereof as a trademark before or after the expiration of the design patent right or copyright protection period that one enjoys, and suing others for implementing the design or using the work after the expiration of the patent right or copyright protection period constitutes infringement of the trademark. If the design patent right or copyright protection period expires, the design or work will enter the public domain. Therefore, the implementation of the design or the use of the work by others does not constitute an infringement of the original right holder’s property rights in the patent or copyright. of violation. However, if others use the design or work that is identical or similar to the right holder's registered trademark as a trademark, which is enough to cause confusion or misunderstanding, it shall be deemed to constitute trademark infringement.
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