In what areas may infringement issues of special trademarks occur
(1) Reverse counterfeiting of trademarks
Reverse counterfeiting of trademarks is also called reverse counterfeiting of trademarks. After an operator legally obtains goods with a registered trademark from others, without the consent of the trademark registration owner, he or she changes the registered trademark and puts the goods with the changed trademark back into the market. The act of reverse trademark counterfeiting objectively manifests itself as falsely representing the true source of goods to others, which is essentially a form of trademark infringement. Article 52 of my country’s revised new Trademark Law clearly stipulates: “Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark: (4) Changing the registered trademark without the consent of the trademark registrant and Put the goods with the changed trademark back into the market." This is the legal basis for trademark “reverse counterfeiting” to be considered trademark infringement. In the act of reverse trademark counterfeiting, removing someone else's registered trademark without authorization and pasting one's own trademark on the product for sale not only violates the legal provisions on the protection of exclusive rights to registered trademarks, but also affects the essential function of the trademark, making the original product's registered trademark It is difficult to effectively play its identification role, causing chaos in the commodity circulation order. At the same time, trademark reverse counterfeiters change other people's registered trademarks without authorization, which hinders the original product manufacturer from expanding its trademark visibility and increasing its product market share. It also violates the business ethics and legal principles of fair competition and good faith. The act of reverse trademark counterfeiting infringes upon the legitimate rights and interests of the trademark owner and violates the spirit of trademark legislation. The perpetrator should bear corresponding infringement liability.
(2) Infringement of well-known trademarks
Due to the huge investment and predictable economic benefits contained in well-known trademarks, well-known trademarks have long been coveted by illegal infringers. Therefore, the identification of well-known trademark infringement is different from that of general trademarks, and the former is broader. Because the protection of well-known trademarks mainly starts from two aspects: horizontal and vertical. The horizontal expansion of the scope of signs that are "similar" to the well-known trademarks extends to the vertical. Expand the category of goods or services indicated by a well-known trademark from identical or similar goods or services to non-similar goods or services to achieve the purpose of granting special protection. The world's intellectual property conventions on trademarks are also based on this idea. Infringement of well-known trademarks is to protect well-known trademarks. For example, the Paris Convention stipulates that for any mark recognized as a well-known mark by a member state, others are prohibited from registering it first, and others are prohibited from using the same or similar mark. The "Intellectual Property Convention" further stipulates: It is announced that the special protection of the "Paris Convention" extends to well-known service marks, and the scope of protection is expanded to prohibit the use of well-known trademarks on dissimilar goods or services
Identical or similar logos. China’s current determination of well-known trademark infringement is basically followed This kind of thinking. Paragraph 2 of Article 13 of China’s Trademark Law stipulates: “If a registered well-known trademark misleads the public, causing the interests of the registrant of the well-known trademark to be damaged, it shall not be registered and its use shall be prohibited. "Joint trademarks" and "defensive trademarks" that appear in the practice of trademark registration are also the result of this idea. However, because it is a well-known trademark, compared with the infringement of general registered trademarks, in addition to expanding its horizontal and vertical scope, There are other forms of infringement that are not typical of trademark infringement, which are academically called "dilution" infringement. The so-called "dilution" is to distort, weaken or even eliminate specific goods (services) with a well-known trademark in some way. ) is associated with a specific producer of goods (service provider), resulting in the weakening of the distinctiveness and attractiveness of the trademark, thereby causing confusion among consumers.
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