What constitutes trademark infringement

Updated on society 2024-02-16
6 answers
  1. Anonymous users2024-02-06

    1.Without the permission of the trademark registrant, a trademark identical to the registered trademark is used on the same goods.

    2.Without the permission of the trademark registrant, the use of a trademark similar to the registered trademark of the same goods, or the use of a trademark identical or similar to the registered trademark of the trademark on similar goods, is likely to cause confusion.

    3.Selling goods that infringe the exclusive right to use a registered trademark.

    4.Counterfeiting or unauthorized manufacture of another person's registered trademark logo, or selling counterfeit or unauthorized manufacture of registered trademark logo.

    5.Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market.

    6.Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to infringe on the exclusive right to use a trademark.

  2. Anonymous users2024-02-05

    Legal analysis: (1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical or similar to its registered trademark on similar goods, which is likely to cause confusion; (3) Selling goods that infringe on the exclusive right to use a registered trademark; (4) Forging or manufacturing the logos of others' registered trademarks without authorization, or selling counterfeit or unauthorized trademarks; (5) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market; (6) deliberately facilitating the infringement of others' exclusive right to use a trademark, and helping others to infringe on the exclusive right to use a trademark; (7) Causing other damage to the exclusive right to use a registered trademark of another person.

    Legal basis: Article 57 of the Trademark Law of the People's Republic of China Any of the following acts shall be deemed to be an infringement of the exclusive right to use a registered trademark: (1) without the permission of the trademark registrant, using a trademark identical to the registered trademark on the same kind of goods; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark that is identical or similar to its registered trademark on similar goods, which is likely to cause confusion; (3) Selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or manufacturing the logos of others' registered trademarks without authorization, or selling counterfeit or unauthorized trademarks; (5) Preparing for the replacement of the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market; (6) deliberately facilitating the infringement of others' exclusive right to use a trademark, and helping others to infringe on the exclusive right to use a trademark; (7) Causing other damage to the exclusive right to use a registered trademark of another person.

  3. Anonymous users2024-02-04

    The following acts are trademark infringements:

    1. Using the same or similar trademark without the permission of the trademark registrant;

    2. Selling goods with trademark infringement;

    3. Replace the trademark without the consent of the registrant of the trademark of the Ant Sui;

    4. Cancel other acts that are trademark infringement as prescribed by law.

    [Legal basis].

    Article 57 of the Trademark Law of the People's Republic of China.

    1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods;

    (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical or similar to its registered trademark on similar goods, which is likely to cause confusion;

    (3) Selling goods that infringe upon the exclusive right to use a registered trademark;

    (4) Forging or manufacturing the logos of others' registered trademarks without authorization, or selling counterfeit or unauthorized trademarks;

    (5) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market;

    (6) deliberately facilitating the infringement of others' exclusive right to use a trademark, and helping others to infringe on the exclusive right to use a trademark;

    (7) Causing other damage to the exclusive right to use a registered trademark of another person.

  4. Anonymous users2024-02-03

    Legal analysis: (1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods;

    2) Without the permission of the registrant of Shangqi Lubiao, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark that is identical to or similar to its registered trademark on similar goods, which is likely to cause confusion;

    (3) Selling goods that infringe upon the exclusive right to use a registered trademark;

    (4) Forging or manufacturing the logos of others' registered trademarks without authorization, or selling counterfeit or unauthorized trademarks;

    (5) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market;

    (6) deliberately facilitating the infringement of others' exclusive right to use a trademark, and helping others to infringe on the exclusive right to use a trademark;

    (7) Causing other damage to the exclusive right to use a registered trademark of another person.

    Legal basis: Article 57 of the Trademark Law of the People's Republic of China Any of the following acts shall be deemed to be an infringement of the exclusive right to use a registered trademark: (1) without the permission of the trademark registrant, using a trademark identical to the registered trademark on the same kind of goods; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of commercial goods, or using a trademark identical or similar to its registered trademark on similar goods, which is likely to cause confusion; (3) Selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or manufacturing the logos of others' registered trademarks without authorization, or selling counterfeit or unauthorized trademarks; (5) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market; (6) deliberately facilitating the infringement of others' exclusive right to use a trademark, and helping others to infringe on the exclusive right to use a trademark; (7) Causing other damage to the exclusive right to use a registered trademark of another person.

  5. Anonymous users2024-02-02

    Hello landlord! A: This is a right that is allowed to make amusements;

    B: The only trademark that can be protected by the contract is the class registered by the licensor, and it is not protected if it is not registered.

    C: It does not fall within the scope of the commercial source quiet labeling law.

    D: The license contract generally stipulates the license period, and it cannot be used if it is necessary after the expiration date, otherwise it is an infringement of the exclusive right to use the trademark, which is equivalent to counterfeiting the registered trademark.

    Intellectual property rights mainly refer to copyrights, trademark rights, patent rights, etc.).

    I hope my answer can solve your problem and help you, and I wish you a happy day!

  6. Anonymous users2024-02-01

    1. There must be an illegal act, that is, the actor has carried out an act of selling goods with counterfeit registered trademarks;

    2. There must be a fact of damage, that is, it means that the act of selling counterfeit trademark goods carried out by the actor has caused a consequence of the damage to the trademark owner. The sale of goods counterfeiting the registered trademarks of others will cause serious property losses to the right holders, and will also cause goodwill damage to the entities enjoying the registered trademark rights. Whether it is property loss or goodwill damage, it is a fact of damage;

    3. The offender is subjectively at fault, that is, the perpetrator has known or should have known about 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 consequence, that is, there is a causal relationship between the illegal actor's sales behavior and the damage caused to the trademark owner.

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