What behavior does not constitute trademark infringement
Except for the following behaviors, other behaviors are generally not considered to infringe trademark rights the behavior of.
What are the ways to infringe trademark rights
1. Without the permission of the Registered trademark owner, Using a trademark that is similar or similar to its registered trademark on a certain product or similar product;
2. Selling goods knowingly counterfeit registered trademarks;
3. Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks;
4. Deliberately providing facilities for infringement of exclusive rights to registered trademarks;
5. Causing other damage to the exclusive rights of others to register trademarks .
1. Fair use of trademarks
span>The act of fair use of a trademark logo because of the object of its use It is not a trademark, it is just the same symbol as a trademark, so it is not an infringement of trademark rights. To constitute fair use, three conditions must be met 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 illustrate or describe one's own goods. "Explaining or describing one's own products" includes explaining or describing the products one manufactures and the trademark owner's products one sells.
The following situations are considered fair use: using the common name, graphics, and model of the product contained in the registered trademark; using the registered trademark to directly indicate the nature, purpose, quality, main raw materials, and The act of using other people’s registered trademarks to indicate the type and other characteristics when selling goods; the act of using other people’s registered trademarks within the necessary scope to explain the source, indicating the purpose, etc.; regulating the use of one’s own business name and its trade name that are the same or similar to other people’s registered trademarks. Behaviors; behavior of using place names of one's own location that are identical or similar to others' registered trademarks, etc.
2. Generalization of trademarks
This involves the identification of common names. Common names usually refer to countryNames stipulated by national standards, industry standards, or customary names in the industry, including full names, abbreviations, abbreviations, common names, etc., should be common to the country or a certain industry. Names used only in a certain area do not belong to common names. and should reflect the fundamental differences between one category of goods and another. 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. Design patents whose protection period will expire Or the act of registering a work as a trademark
Register the design or work or part thereof as a trademark before and after the expiration of the design patent right or copyright protection period, and sue others after the expiration of the patent or copyright protection period for implementing the design or using the work, which constitutes infringement of the trademark right , because after the expiration of the protection period of the design patent right or copyright, the design or work enters 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. . 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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