What is the act of counterfeiting someone else’s registered trademark
Counterfeiting someone else’s registered trademark refers to infringement under the Trademark Law The act of registering exclusive rights to a trademark.
Article 58 of the "Trademark Law" clearly stipulates the infringement of the exclusive right to register a trademark, including four types of behavior:
(1) Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the owner of the registered trademark;
(2) Selling goods that are knowingly counterfeit registered trademarks;
(3) Forging or creating without authorization registered trademarks of others or selling counterfeit or Making registered trademark signs without authorization;
(4) Causing other damage to the exclusive right of registered trademarks of others.
The "Trademark Law Implementing Rules" also stipulates behaviors that cause other damage to the exclusive rights of registered trademarks of others, including three behaviors. One is the distribution of knowingly or It should be known that the goods infringe the exclusive rights of others' registered trademarks; secondly, use words or graphics that are identical or similar to others' registered trademarks as product names or product decorations on the same or similar goods, which is enough to cause misunderstanding; thirdly, Deliberately providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement of the exclusive rights of others' registered trademarks. Any above-mentioned behavior that violates the Trademark Law and its Implementing Rules constitutes the act of counterfeiting someone else’s registered trademark as stipulated in the Anti-Unfair Competition Law.
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