What is the meaning of counterfeiting someone else’s registered trademark
The act of counterfeiting someone else’s registered trademark refers to The act of using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the registered trademark owner mainly manifests itself in four forms, that is, using the same trademark as another person’s registered trademark on the same kind of goods. The act of using a trademark that is similar to the registered trademark of others on the same kind of goods, the act of using the same trademark as the registered trademark of others on similar goods, the act of using a trademark that is similar to the registered trademark of others on similar goods. The act of selling goods that are knowingly counterfeiting others' registered trademarks, forging or manufacturing without authorization registered trademarks of others, or selling forged or unauthorized manufactured registered trademarks of others, although it constitutes infringement of the exclusive rights of others' registered trademarks, does not constitute counterfeiting.
As one of the most common and serious forms of market confusion, the act of counterfeiting someone else’s registered trademark must meet the general requirements for market confusion. Market confusion refers to the behavior of operators using unfair competition methods such as counterfeiting or imitation to confuse their goods (including services) with those of others, thereby causing or causing buyers to misunderstand.
Generally speaking, this type of behaviorIn order to do so, four elements must be met. First, the subject of action is limited to operators, that is, legal persons, other economic organizations and individuals engaged in commodity operations or profit-making service activities. It is important to pay special attention to the fact that operators cannot be assessed from the perspective of civil rights and capacity. explanation, but must be explained from the perspective of behavioral properties. That is to say, as long as the behavior engaged in by the actor is a business behavior, regardless of whether he has the subject qualifications to engage in commodity operations or profit-making services, whether it is legal or illegal, the actor is an operator.
Only in this way will many people who are engaged in unnecessary Illegal operators who engage in fair competition escape legal sanctions. Second, the subject of confusion is the identification of other people's goods, including trademarks, trade names, names, product containers, packaging, packaging, etc. Third, the purpose of confusion is to confuse others with other people's businesses, business activities, or goods, so that people mistakenly believe that their goods are goods with competitive advantages for others, thereby making unfair profits. Fourth, the consequences of confusion have or may lead to confusion between this product and another product, harming the rights and interests of legitimate operators and consumers, and disrupting the normal order of competition.
I hope that through the above content you can learn about fake people Have a more comprehensive and in-depth understanding of issues related to the meaning of registered trademarks. If you are still confused about this or have other legal issues, our Legal Savior website also provides online lawyer consultation services. You are welcome to have legal consultation.
