What is the identification of counterfeit registered trademark use
The crime of counterfeiting a registered trademark is the act of using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner. Without permission, you may not use the same or similar trademarks as others' registered trademarks on the same or similar goods. This is one of the contents of the exclusive right of registered trademarks. Failure to obtain the permission of the registered trademark owner includes the following specific situations:
1. The perpetrator has never obtained the permission of the registered trademark owner to use the registered trademark;
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2. Although the perpetrator has obtained permission to use the registered trademark from the owner, he still continues to use the registered trademark after the expiration of the use period stipulated in the license contract. trademark;
3. Although the perpetrator has obtained License to use from the owner of a registered trademark, but the license contract is terminated early due to reasons such as the licensee's inability to guarantee the quality of the goods using the trademark, and the perpetrator continues to use the registered trademark after the contract is terminated;
4. Although the perpetrator obtained the permission to use the registered trademark, he used it beyond the scope of the goods for which the registered trademark was permitted;
5. Although the perpetrator obtained the permission to use the registered trademark from the owner, he used the registered trademark beyond the geographical scope of the permitted use.
How to punish counterfeiting of registered trademarks
1. If the owner of a registered trademark permits the use of the same trademark as the registered trademark on the same kind of goods, and the amount of illegal income is relatively large or there are other serious circumstances, it shall constitute a crime. Sentence to fixed-term imprisonment of not more than 3 yearsor criminal detention, and may be concurrently or solely punished with a fine. If the amount of illegal income is huge, the person shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and shall also be fined.
2. Anyone who knowingly sells goods with counterfeit registered trademarks and obtains a relatively large amount of illegal income shall also constitute the crime of counterfeiting registered trademarks and shall be punished in accordance with the aforementioned provisions.
3. Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks, if the amount of illegal income is relatively large or there are other serious circumstances, Punishment shall be in accordance with the above provisions. It can be seen that the counterfeiting of registered trademarks stipulated in the criminal law is more specific and more realistic. It not only facilitates enforcement, but also makes the protection of trademark exclusive rights more complete and powerful. At the same time, the Criminal Law increased the maximum sentence for the crime of counterfeiting registered trademarks from 3 years to 7 years, which undoubtedly increased the deterrent force against criminals who counterfeit registered trademarks.
To sum up, through the brief introduction above, we understand that counterfeiting registered trademarks is an infringement of trademark exclusive rights. Of course, it is an infringement of trademarks. It is not just counterfeiting registered trademarks, but also other behaviors, such as using similar trademarks, selling goods that infringe trademark rights, etc. In trademark infringement, it is difficult for the parties involved to investigate and collect evidence. Therefore, it is recommended to consult a professional lawyer. The lawyer is experienced and I believe the lawyer will give you better advice and help.
