What behaviors are registered trademark infringements
(1) Without the permission of the trademark registrant, using the same product on the same product Or use a trademark that is the same or similar to its registered trademark on similar goods;
(2) Selling goods that infringe the exclusive rights of registered trademarks;
(3) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;
( 4) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark into the market; (5) Giving the registered trademark to others for exclusive use causing other damage.
Essentials for trademark infringement
First, it causes damage or is about to cause damage, that is, infringement The behavior has caused damage to the trademark owner or is about to cause damage, which can be manifested as a decrease in product sales, a reduction in profits, or a decrease in trademark reputation.
The second is the illegality of the behavior, that is, the perpetrator objectively exercises the rights enjoyed by the trademark owner in accordance with the law without permission and without other legal basis.
Third, the damage consequences are causally related to the illegal behavior, that is, the damage consequences are directly caused by the illegal behavior.
The fourth is the subjective state, including fault and no fault.
Generally, the perpetrator illegally uses a trademark that is the same as or similar to a registered trademark, forges or creates without authorization the logo of another person’s registered trademark, or reversely counterfeits a registered trademark. When determining whether an act is an infringement, the subjective fault of the actor shall be the essential factor; for the act of selling goods with counterfeit registered trademarks, when determining whether the infringement is infringement, the subjective fault of the actor shall not be the essential factor.Conceptual fault is an essential condition.
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