How to confirm whether text is infringing

In real life, trademarks are one of the important intellectual property rights, but in practice, some people infringe other people's word trademarks, which is an illegal and criminal act. It is stipulated in our country's laws, how to confirm whether the text is infringing? Let's take a look at the corresponding answers provided by the editor of the Legal Savior Network.

1. How to confirm whether text is infringing

The regulations for determining text infringement are as follows ：

The perpetrator uses the same or similar trademark to the registered trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark rights Any other behavior that damages the legitimate rights and interests of the trademark owner constitutes trademark infringement. 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.

1. Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

2. Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion ;

3. Selling goods that infringe the exclusive rights of registered trademarks;

4. Counterfeiting , Making other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks;

5. Changing the registered trademark without the consent of the trademark registrant and Putting the goods with the changed trademark back into the market;

6. Intentionally providing facilities for infringing the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks ;

7. Causing other damage to the exclusive right to use registered trademarks of others;

Article 123 of the Civil Code [Definition of Intellectual Property Rights] Civil subjects enjoy intellectual property rights in accordance with the law.

Intellectual property rights are rightsThe exclusive rights enjoyed by the owner in accordance with the law with respect to the following objects:

(1) Works;

(2) Inventions, utility models, and designs;

(3) Trademarks;

(4) Geographical indications;

(5) Trade secrets;

(6) Integrated circuit layout design;

(7) New plant varieties;

(8) Other objects specified by law.

Article 1165 [Fault Liability Principle] If an actor causes damage due to his fault in infringing upon the civil rights and interests of others, he shall bear tort liability.

According to legal provisions, it is presumed that the actor is at fault, but if he cannot prove that he is not at fault, he shall bear tort liability.

Article 1185 [Punitive damages for infringement of intellectual property rights] If someone intentionally infringes on the intellectual property rights of others, and the circumstances are serious, the infringed party shall have the right to Request corresponding punitive damages.

2. Components of trademark infringement

Have the following The following four elements constitute the infringement of selling goods with counterfeit registered trademarks:

1. There must be an illegal act, that is, the perpetrator has carried out sales The act of counterfeiting registered trademark goods;

2. There must be facts of damage, that is, the perpetrator's behavior of selling counterfeit trademark goods has caused the trademark owner's Damage consequences. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.

3. The illegal perpetrator subjectivelyThere is fault, which means that the perpetrator knew or should have known that the goods sold were goods with counterfeit registered trademarks.

4. There must be a causal relationship between the illegal act and the damage, that is, there must be a cause and effect between the illegal actor's sales behavior and the damage caused to the trademark owner. relation.

In our country's laws, regarding text infringement, the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner. Trademark, or other actions that interfere with or hinder the trademark owner from using its registered trademark or damage the legitimate rights and interests of the trademark owner constitute trademark infringement. The specific provisions are as follows. The editor of Legal Savior Network answered this question as above. Welcome to Legal Savior Network for legal consultation.