What is the act of counterfeiting someone else’s registered trademark
Counterfeiting or counterfeiting others’ registered trademarks includes the following behaviors:
(1) Without the permission of the registrant, Use the same trademark as its registered trademark on the same product;
(2) Using a trademark similar to its registered trademark on the same product without the registrant's permission;
(3) Using the same trademark as its registered trademark on similar goods without the registrant's permission;
(4) Using a trademark similar to its registered trademark on similar goods without the registrant’s permission.
How to determine the crime of counterfeiting registered trademarks
1. Main elements
The crime The subject of the crime is a general subject, that is, any enterprise, institution or individual who counterfeits the registered trademark of others and the circumstances meet the criminal standards shall constitute this crime.
2. Subjective aspect
The subjective aspect of this crime is intentional and for profit. Negligence does not constitute this crime.
3. Object requirements
The objects infringed by this crime are others' legitimate exclusive rights to registered trademarks and the national trademark management order.
4. Objective aspects
The objective aspect of this crime is that the perpetrator committed trademark counterfeiting prohibited by the criminal law, and the circumstances were serious.
Trademarks with the same registered trademark. In terms of trademark law, the use of an identical or similar trademark on the same or similar goods without the permission of the registered trademark owner is considered trademark counterfeiting. Specifically, counterfeiting of registered trademarks includes the following four behaviors:
(1) Using the same trademark as another’s registered trademark on the same product;
(2) Using a trademark similar to another’s registered trademark on the same product;
(3) Using the same trademark as another’s registered trademark on similar goods;
(4) Use a trademark that is similar to someone else’s registered trademark on similar goods.
However, the criminal law only treats the above type (1) The behavior is stipulated as a crime, and the other three types of counterfeiting of registered trademarks cannot be punished as crimes of counterfeiting registered trademarks, but can only be treated as trademark violations.
This law stipulates that this behavior should be stopped. market, maintain market fairness, and protect public interests. The use of a trademark that is identical or similar to someone else's registered trademark on the same or similar goods will lead to market chaos and the consequences of unfair competition. Therefore, it should also be regulated as an act of unfair competition. Therefore, the term 'counterfeiting' referred to in this Law is not limited toThe use of the same trademark as another person’s registered trademark on the same goods.
During the actual operation, it is recommended to consult a professional If you have any opinions, ask the professional lawyers of Legal Savior Network to deal with it, so as to safeguard your own and legal rights and interests to the maximum extent and protect your interests from harm. If there is something you don’t understand. You can also search for relevant legal solutions.