What counts as trademark infringement
1. Use on the same product without the permission of the trademark registrant A trademark that is the same as its registered trademark;
2. Using a trademark that is similar to its registered trademark on the same product without the permission of the trademark registrant, or using it on similar products Using a trademark that is the same as or similar to the registered trademark on the goods, which is likely to cause confusion;
3. Selling goods that infringe the exclusive rights of the registered trademark;
4. Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;5 , without the consent of the trademark registrant, changing the registered trademark and putting the goods with the changed trademark into the market;
6. Intentionally infringing the exclusive rights of others' trademarks Providing convenient conditions to help others commit acts of infringement of trademark rights;
7. Causing other damage to others' registered trademark rights;
The process of identifying acts that infringe registered trademark rights
The process of identifying acts that infringe registered trademark rights has the following three basic principles: Steps:
1. Determine the scope of exclusive rights for registered trademarks.
The scope of exclusive rights of a registered trademark is the basic basis for determining trademark infringement. All factors considered in determining whether a trademark infringement can be identified or alleged to constitute a trademark infringement revolve around the scope of exclusive rights to a registered trademark. According to Article 51 of my country’s Trademark Law: “The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use.” Obviously, judging from this provision, the scope of exclusive rights for registered trademarks is onlyLimited to approved registered trademarks and the goods approved for use of the registered trademark. The scope is determined by two factors, one is the approved registered trademark; the other is the goods approved for use by the registered trademark. The combination of the two constitutes the scope of exclusive rights of a registered trademark, which also determines the standard for comparing trademark infringement with the object of the alleged infringement in order to draw a conclusion as to whether it constitutes infringement.
2. Determine the specific object accused of infringement.
The determination of the object of alleged infringement is determined by two factors. One is the trademark that is accused of infringement, and the other is the goods used in the trademark that is accused of infringement. . The significance of determining the specific object of the alleged infringement is to determine and solidify the carrier of the alleged infringement, laying a solid foundation for the next step of comparison with the scope of protection of trademark rights. It is as important as determining the scope of exclusive rights to a registered trademark and is another comparison object for determining trademark infringement.
3. Compare the differences between the two.
Compare the alleged infringement object with the registered trademark and the goods approved to be used by the registered trademark, and determine whether the alleged infringing trademark is the same or similar to the registered trademark. And whether the goods used by the alleged infringing trademark are of the same type or similar to the goods approved for use by the registered trademark. Through the three basic steps to determine infringement, especially by comparing the alleged infringement object with the registered trademark and the goods approved for use by the registered trademark, we can determine whether trademark infringement has occurred.
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