How is trademark infringement defined and how is trademark infringement defined

Second, it can appropriately reduce the energy invested by the parties to trademark disputes to resolve the disputes.

Third, the parties can reduce the number of trademark cases through negotiation, so that the law enforcement authorities can make better use of the existing law enforcement resources. However, it should be noted that self-negotiated trademark infringement disputes are first and foremost disputes that do not constitute a criminal offense, and criminal liability must be pursued for those who are mainly engaged in counterfeiting the registered trademarks of others and the amount meets the criteria for filing a criminal case.

Second, in dispute cases settled through self-negotiation, the circumstances of the infringement are generally relatively minor and the consequences are not serious, and administrative penalties can be exempted, that is, administrative liability can be exempted.

Third, the main purpose of the investigation and punishment of infringement is to protect the civil rights and interests of the right holder from infringement, and a negotiated settlement means that the right holder has already waived the right to pursue civil liability against the infringer because it has not caused harm to the right or the harmful consequences are not serious.

In law enforcement practice, the following principles can be followed:

1. Except for cases complained by trademark registrants, under normal circumstances, the industrial and commercial authorities do not take the initiative to ask the parties to negotiate trademark infringement cases investigated and handled. If the parties take the initiative to request negotiation, they can give them a certain period of time to negotiate on their own, and if they do not provide evidence that they have been resolved through negotiation by the time of the expiration date, it is advisable to deal with it administratively as a trademark infringement case.

2. In the case of a complaint from a trademark owner, the industrial and commercial authority shall be deemed to have given up the negotiation or the negotiation has failed, and the industrial and commercial department shall no longer take the initiative to carry out the negotiation and settlement between the parties.

3. If the industrial and commercial authority that has already filed a trademark dispute at the request of the parties involved in the case and before making an administrative decision on the case, and the parties involved in the case agree to settle through consultation, if the settlement does not endanger the public interest, the industrial and commercial authority may withdraw (cancel the case) at the request of the parties involved in the case.

Cracking down on infringement of the exclusive right to use a registered trademark is stipulated in the Trademark Law.

Article 60 of the Trademark Law Where any of the acts listed in Article 57 of this Law infringes upon the exclusive right to use a registered trademark, and a dispute arises, the parties shall settle the dispute through negotiation; If the trademark registrant or interested party is unwilling to negotiate or fails to do so, the trademark registrant or interested party may file a lawsuit with the people's court or request the administrative department for industry and commerce to handle the matter.

When the administrative department for industry and commerce handles the case, if it finds that the infringement is established, it shall order it to immediately stop the infringing act, confiscate and destroy the infringing goods and tools mainly used for manufacturing the infringing goods or forging registered trademark logos, and if the illegal business turnover is more than 50,000 yuan, it may impose a fine of not more than five times the illegal business turnover, and if there is no illegal business revenue or the illegal business revenue is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Where there are two or more acts of trademark infringement within five years or other serious circumstances, a heavier punishment shall be imposed. If the sale of goods that are not known to be infringing on the exclusive right to use a registered trademark can prove that the goods were lawfully obtained by the person and explain the supplier, the administrative department for industry and commerce shall order the sale to be stopped.

In the case of a dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the administrative department for industry and commerce, or may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China. After mediation by the administrative department for industry and commerce, if the parties fail to reach an agreement or fail to perform after the mediation agreement takes effect, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

1) Accurately identify similar trademarks.

The identification of similar trademarks or logos is an indispensable part of the determination of trademark infringement. Infringement can only be established if both the two conditions of "the trademark or logo constitutes similarity" and "use on the same or similar goods" are met.

1. Trademark appearance. That is, the visual image of the words, graphics or combination thereof of the two trademarks is observed from the perspective of ordinary consumers to see whether it can cause misunderstanding or confusion.

2. Trademark pronunciation. From people's hearing, it is judged whether the two trademarks are confused due to similar pronunciation.

3. Meaning of trademark. Analyze whether the two trademarks have the same or similar meanings and cause confusion among consumers about the goods**.

2) Correctly judge similar goods.

1. Although the State Trademark Office has compiled and issued the Table of Distinction of Similar Goods, it is difficult to solve the problem of whether they are similar in practice due to technical reasons, so the Table of Distinction of Similar Goods and the List of International Classification of Goods and Services for Trademark Registration are not the basis for classifying similar goods, and can only be used as a reference for identifying similar goods.

2. It should be particularly pointed out that different classes and groups are not the same as not being similar, and specific problems should be analyzed.

3) Do not judge the quality of the goods.

The main content of the Trademark Law is to protect the exclusive right to use a registered trademark, so in handling trademark infringement cases, the quality of the goods will not affect the determination of trademark infringement.

4) Illegal use by the trademark registrant.

The exclusive right to use a trademark is a civil right that the registrant can exercise to the extent permitted by law. If the registrant violates the Trademark Law and the Implementing Rules in the process of using the registered trademark, the relevant provisions may be applied to deal with it, and the registrant may be required to bear the corresponding administrative legal liability, but this will not affect the determination of trademark infringement.

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Methods of defining trademark infringement: It can be determined that trademark infringement can be determined by determining that the actor subjectively has the intention to infringe the rights related to the registered trademark, and objectively carries out acts such as unauthorized use, sale, or providing assistance or convenience for the infringement, resulting in damage, and the existence of objective facts such as a causal relationship between the damage result and the aforesaid acts.

[Legal basis].

Article 56 of the Trademark Law of the People's Republic of China.

The exclusive right to use a registered trademark is limited to the trademark approved for registration and the goods approved for use.

Article 57.

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, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the 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 logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;

5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;

6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to carry out an act of infringing on the exclusive right to use a trademark.

Legal analysis: First, the damage caused or imminent damage is about to occur, that is, the infringement has caused or is about to cause damage to the trademark owner, which can be manifested in a decline in product sales, a decrease in interests or a decrease in the reputation of the trademark.

The second is the illegality of the act, that is, the actor objectively exercises the rights enjoyed by the trademark owner in accordance with the law without permission and without other legal basis.

Third, there is a causal relationship between the harmful consequences and the illegal act, that is, the harmful consequences are directly caused by the illegal act.

Fourth, the subjective state, including fault and no fault.

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, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the 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 logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;

5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;

6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to carry out an act of infringing on the exclusive right to use a trademark.

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

Trademark infringement is defined as follows: 1. The act of using a trademark identical or similar to a registered trademark on the same or similar goods on the same or similar goods without the permission of the owner of the registered trademark. 2. Without the consent of the trademark registrant, the act of replacing the registered trademark and putting the goods with the replaced trademark on the market.

This behavior is also theoretically known as reverse counterfeiting. 3. Selling goods that infringe on the exclusive right to use a registered trademark. If the seller does not know that the goods infringe the exclusive right to use a registered trademark, and can prove that the goods were legally obtained by the person and explain the supplier, he shall not be liable for compensation.

Therefore, this form of trademark infringement requires subjective knowledge of the seller. 4. Forging or unauthorized manufacturing of others' registered trademark logos or selling forged or unauthorized manufacturing of registered trademark logos. It should be noted that this kind of infringement is an infringement of trademark logo, including both manufacturing and sales.

5. Acts that cause other damage to the exclusive right to use a registered trademark of another person. Article 213 of the Criminal Law of the People's Republic of China, Article 214 of the Criminal Law of the People's Republic of China, Article 215 of the Criminal Law of the People's Republic of China, and Article 57 of the Trademark Law of the People's Republic of China.

Definition of trademark infringement: there is an infringement, the infringed trademark is a trademark protected by the Trademark Law, the damage caused by the infringement, the damage has a causal relationship with the infringement, and the infringer is subjectively at fault.

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, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the 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 self-made logos of registered trademarks without authorization;

5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;

6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to carry out an act of infringing on the exclusive right to use a trademark.

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

Definition of trademark infringement: there is an infringement, the infringed trademark is a trademark protected by the Trademark Law, the infringement has caused damage, the damage has a causal relationship with the infringement, and the infringer is subjectively at fault.

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, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the 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 logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;

5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;

6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to carry out an act of infringing on the exclusive right to use a trademark.

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

Whether the trademark can be considered to be identical or similar in the ordinary sense. 3. Finally, it is necessary to confirm whether there is a legal causal relationship between the actual loss caused by the infringement and the infringement.

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, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the 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 logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization; 5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market; 6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to carry out an act of infringing on the exclusive right to use a trademark. 7) Causing other damage to the exclusive right to use a registered trademark of another person.

Trademark infringement is determined under the following circumstances, such as the use of a trademark identical to the registered trademark on the same goods without the permission of the trademark registrant; or without the permission of the trademark registrant, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the registered trademark on similar goods, which is likely to cause confusion.

[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, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the 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 logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;

5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;

6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to carry out an act of infringing on the exclusive right to use a trademark.

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