What behaviors infringe the exclusive rights of registered trademarks
According to According to the Trademark Law and relevant provisions, infringement of the exclusive rights of registered trademarks mainly falls into the following categories:
(1) Infringement of the exclusive rights of registered trademarks on the same product without the permission of the trademark registrant Or use a trademark that is the same or similar to its registered trademark on similar goods. The specific manifestations are:
1. On the same product Use a trademark that is the same as someone else’s registered trademark;
2. Use a trademark that is similar to someone else’s registered trademark on the same product;
3. Use the same trademark as another's registered trademark on similar goods;
4. Use on similar goods Use a trademark that is similar to another’s registered trademark.
(2) Selling goods that infringe the exclusive rights of registered trademarks;
Sales without knowing It is a product that infringes the exclusive rights of a registered trademark. If you can prove that you obtained the product legally and explain the supplier, you will not be liable for compensation.
(3) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;
Because this type of behavior disrupts the market economic order, infringes upon the exclusive rights of trademark registrants, and harms the interests of consumers, the consequences are serious and the harm is extremely harmful. Therefore, the legal responsibilities of the offenders should be investigated in accordance with the law. .
(4) Without the consent of the trademark registrant, change the registered trademark and make the changeGoods with changed trademarks are put into the market again;
This behavior infringes upon the consumer’s right to know, making consumers aware of the source of the goods and the producers and providers. It creates misunderstandings and hinders the effective functioning of the registered trademark and the creation of famous brands for the trademark registrant's products. Therefore, it should be regarded as an infringement of the exclusive right to use the registered trademark.
(5) Using a mark that is identical or similar to another’s registered trademark as a product name or product decoration on the same or similar goods to mislead the public;
(6) Intentionally providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement of the exclusive rights of registered trademarks of others;
(7) Using words that are identical or similar to others' registered trademarks as the company's trade name prominently on the same or similar goods, which may easily cause misunderstanding by the relevant public;
(8) Copying, imitating, or translating a well-known trademark registered by others or its main part as a trademark on different or dissimilar goods, misleading the public, resulting in the registration of the well-known trademark The interests of others may be harmed;(9) Register words that are the same as or similar to others’ registered trademarks as domain names, and sell related products through the domain names E-commerce transactions can easily cause misunderstandings among the relevant public.
(10) Copying, imitating, or translating someone else's well-known trademark or its main part that has not been registered in China, and using it as a trademark on the same or similar goods may easily lead to Confusing;
For such behavior, we shall bear the civil legal liability to stop the infringement.
(11) Causing other damage to the exclusive right to use registered trademarks of others.
Behaviors that cause other damages to others’ exclusive rights to registered trademarks mainly refer to behaviors other than those listed above that damage others’ exclusive rights to registered trademarks, such as corporate logos or the main part constitutes a copy, imitation, translation or transliteration of a well-known trademark, which may imply some kind of connection between the enterprise using the corporate mark and the well-known trademark registrant, and may cause the interests of the well-known trademark registrant to be harmed. or improperly utilizes or weakens the distinctive features of the well-known trademark; the domain name or the main part of the domain name constitutes a copy, imitation, translation or transliteration of the well-known trademark, and the domain name isMalicious registration or use, in short, can take various forms, but as long as it causes damage to the exclusive right to use a registered trademark, it is considered an infringement of the exclusive right to use a registered trademark, and the offender shall bear corresponding legal liability in accordance with the law.
The above knowledge is the editor’s answers to relevant legal issues. According to the relevant laws of our country, there are eleven categories of infringement of exclusive trademark rights. Once again, we remind you that the exclusive rights of trademarks must not be infringed, and you should obtain relevant rights through legal channels when using or registering trademarks. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.
