Yes. The so-called unlicensed operation must meet two conditions:
First, it must be engaged in certain business activities, which is a component of unlicensed operation. . If some people are prepared to set up a business but are not prepared to actually do any business activities, there is no restriction on whether they can obtain a license or complete the required filings.
Second, it refers to the premise that according to legal provisions, actors must obtain a business license or obtain relevant permissions to conduct business activities. Some fields that do not require licenses or permits are naturally exempt from relevant supervision.
Constitutive elements of trademark infringement
First, there must be illegal behavior. That is to say, the perpetrator objectively uses the registered trademark without obtaining the permission of the trademark owner or other legal basis, and his behavior is illegal. The perpetrator did not obtain the authorization or permission from the trademark registrant when he first used the trademark, but later obtained his permission or ratification, or the trademark registrant ignored it and expressed acquiescence after learning of the situation. This kind of behavior does not exist Illegal.
Second, there must be harm. Trademark right is an intangible intellectual property, and the damage caused to it may be tangible material damage, intangible economic loss, or both. Specifically, it can be manifested as a decrease in the sales volume of the trademark owner's products, a decrease in profits, an increase in production costs due to stopping infringement, a decrease in trademark credibility, and complaints from consumers.
Third, there is a causal relationship between the damage consequences and the illegal behavior, that is, the damage consequences are directly caused by the illegal behavior. This kind of causal relationship is diverse. There are direct causal relationships, such as counterfeiting registered trademarks; there are also indirect causal relationships, such as providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement. If the damage is caused by a series of actions, that is, multiple causes and one result, such as the actor forging trademarks, an intermediary responsible for transportation, or a seller selling goods with counterfeit registered trademarks, the perpetrators of the acts may become infringers. , constituting joint trademark infringement.
Fourth, the perpetrator is subjectively at fault, including intentional and negligent. Intention means that the perpetrator subjectively knows that the trademark of others has been approved and registered and he has no right to use it, but still uses the same or similar trademark as the registered trademark of others on the same or similar goods; negligence means that the perpetrator should subjectively know that the trademark of others has been registered. Even if registration has been approved, a trademark that is identical or similar to someone else’s registered trademark is still used on the same or similar goods.
Unlicensed operations and trademark infringement are both illegal activities. The subjects of the illegal activities are generally individuals. The illegal activities need to be determined based on the specific circumstances. , the constituent elements of trademark infringement include the perpetrator’s subjective fault, a causal relationship between the damage and the illegal act, the occurrence of the damage, and the existence of an illegal act.
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