Types of trademark infringement
Article 57 of the Trademark Law of the People's Republic of China stipulates five types of Infringement of exclusive rights to Registered trademarks:
1. Using the same or similar trademark as the registered trademark on the same or similar goods with the permission of the trademark registrant. This article can be divided into four forms of trademark infringement: a. The trademark accused of infringement is the same as the registered trademark, and the goods used in the accused trademark are of the same category as the goods approved for use in the registered trademark. b. The trademark accused of infringement is the same as the registered trademark, and the goods used in the accused trademark are similar to the goods approved for use by the registered trademark. c. The trademark accused of infringement is similar to the registered trademark, and the trademark used by the accused trademark belongs to the same category as the goods approved for use by the registered trademark. d. The trademark accused of infringement is similar to the registered trademark, and the goods used in the accused trademark are similar to the goods approved for use by the registered trademark.
2. Selling goods that infringe the exclusive rights of registered trademarks;
3. Counterfeiting or manufacturing without authorization Registered trademarks by others or sell counterfeit or unauthorized registered trademarks;
4. Without the consent of the trademark registrant, replace the registered trademark and replace the trademark The goods are put into the market again;.
5. Causing other damage to others’ exclusive rights to registered trademarks.
(1) Prominently using words that are the same or similar to others’ registered trademarks as the company’s trade name on the same or similar goods may easily cause misunderstandings among the relevant public.
(2) Copying, imitating, or translating a well-known trademark registered by others or its main part and using it as a trademark on different or dissimilar goods to mislead the public , causing the interests of the registrant of the well-known trademark to be potentially damaged;
(3) Registering the same or similar words as another person’s registered trademark as a domain name, and the e-commerce transactions of related goods through this domain name may easily cause misunderstandings among the relevant public.
What is trademark infringement
Trademark infringement refers to the following: the perpetrator has not obtained the trademark rights without Use a trademark that is identical or similar to its registered trademark on the same or similar goods, or otherwise interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to stop the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal liability.
The above is the relevant knowledge summarized for you by the editor of Legal Savior Network about "what types of trademark infringement activities include". Article 57 of the Trademark Law of the People's Republic of China stipulates five types of infringement of the exclusive right to register a trademark. There is a detailed introduction in the article, I hope it can help you. If you have any questions, please feel free to consult a lawyer on this website.
