What is infringement of exclusive rights to registered trademarks?

Trademark infringement is trademark infringement, which means that the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark owner from using his Registered trademark and damages the trademark rights. Other actions to protect people's legitimate rights and interests. What is the infringement of exclusive rights to registered trademarks? If readers encounter such problems in life that cannot be dealt with and need to be solved, you can read the content of this article. The editor of Legal Savior Network will answer the questions for readers below. I hope that the following knowledge will be useful to readers. helped.

What is infringement of exclusive rights to registered trademarks

The perpetrator sells goods that he knows or should know are counterfeit registered trademarks, and the trademark is exclusive A natural person or legal person whose rights have been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses.

If it has the following four elements, it constitutes a sale Infringement of goods counterfeiting registered trademarks:

Must have The existence of an illegal act means that the perpetrator has sold counterfeit registered trademark goods; 2. There must be a fact of damage, which means that the perpetrator's behavior of selling counterfeit trademark goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.

The illegal perpetrator is subjectively at fault,It means that the perpetrator already knows or should know the fact that the goods sold are goods with counterfeit registered trademarks. 4. There must be a causal relationship between the illegal act and the damage consequences, that is, the illegal act There is a causal relationship between the perpetrator's sales behavior and the damage caused to the trademark owner.

"Trademark Law" Article 57 Any of the following acts shall constitute an infringement of registration Trademark exclusive rights:

(1) Without trademark registration Use the same trademark as the registered trademark on the same kind of goods without the permission of the person;

(2) Using a trademark that is similar to its registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to its registered trademark on similar products, which is likely to cause confusion ;

(3) Sales that infringe the exclusive rights of registered trademarks Commodities;

(4) Counterfeiting or making without authorization for others Registered trademark signs or selling counterfeit or unauthorized registered trademark signs;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;

(6) Intentionally providing facilities for infringement of other people’s trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights;

(7) Giving others the exclusive right to register a trademark and causing other Damage.

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