What constitutes the act of counterfeiting someone else’s registered trademark
In addition to the above-mentioned market confusion, the act of counterfeiting someone else’s registered trademark In addition to the general requirements, according to the provisions of Articles 37 and 38 of the current Trademark Law, the following requirements must also be met:
(1) The counterfeit must be the registered trademark of another person.
Registered trademarks are approved and registered by the State Trademark Office in accordance with the law The trademark, a valid registered trademark, must meet the following requirements according to my country's current Trademark Law and its implementation rules:
1. Applicants for trademark registration must be legally established enterprises, institutions, social groups, individual industrial and commercial households, individual partnerships, and have mutual agreements or joint participation with our country Nationals or enterprises of countries that are party to relevant international treaties.
2. It must not be a sound trademark, smell trademark, or three-dimensional trademark. In a few countries such as France, the audio trademark is like a birdSound trademarks, smell trademarks such as the scent of roses, and three-dimensional trademarks such as Coca-Cola bottles can apply for registration, but under my country's current trademark law system, these types of trademarks cannot yet apply for registration.
3. Article 10 of the Trademark Law shall not be included Prohibited elements specified in the article. According to this article, the words and graphics of the trademark applied for registration shall not use the following elements: ① Identical or similar to the country name, national flag, national emblem, military flag, and medals of the People's Republic of China. In addition, according to my country's national conditions, patterns that are identical or similar to the flag of the Communist Party of China, the flag of the Communist Youth League of China, and the flag of the Chinese Young Pioneers are not stipulated in the Trademark Law, but they cannot be registered as trademarks.
Whether it is the full name or abbreviation of these organizations, they are Neither Chinese nor other languages may be used to apply for registration; ④ The same or similar logo or name as the "Red Cross" or "Red Crescent"; ③ The common name and graphics of this product; ⑥ Direct representation of the product quality, main raw materials, functions, uses, quality, quantity and other characteristics; ⑦ ethnically discriminatory; ⑧ exaggerated propaganda and deceptive; ⑨ harmful to socialist morals or other adverse effects; ⑩ County Place names of administrative divisions at or above the national level or foreign place names known to the public, except where the place names have other meanings, registered trademarks using place names will continue to be valid.
(2) Counterfeit trademarks must be registered with others Identical or similar.
The exclusive right of the registered trademark owner to approve the registration Trademarks are limited to trademarks, and can only be controlled to trademarks that are identical or similar to your own registered trademark. If the trademark used by the perpetrator is neither identical nor similar to that of the right holder, then even if they are used on the same or similar goods, it will not constitute infringement.
The above content is the relevant answers. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
