What are the conditions for trademark infringement?

With the development of our country's economy, trademarks are used more and more, and the value of trademarks is also increasing. It can be said that the competition between two enterprises also includes the competition of trademarks. But at the same time, some trademark infringements also occurred. So what are the conditions that constitute trademark infringement? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the conditions for trademark infringement

If the following four elements are met, it constitutes the sale of counterfeit registered trademarks Infringement of goods:

1. There must be illegal behavior, which means that the perpetrator has sold counterfeit registered trademark goods.

2. There must be a fact of damage, which means that the perpetrator's behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. 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 offender is subjectively at fault, which means that the offender already knows or should know 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, that is, there is a causal relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner. .

Trademark infringement refers to the use of an identical or similar trademark to the registered trademark on the same or similar goods without the permission of the trademark owner, or other interference or obstruction. The trademark owner uses its registered trademark to harm the legitimate rights and interests of the trademark owner.

Provisions on Trademark Infringement in the "Trademark Law"

Fifth Article of the "Trademark Law of the People's Republic of China" Article 17 stipulates: Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark:

(1) Without the permission of the trademark registrant, infringement of the exclusive right to use a registered trademark Using a trademark that is the same as its registered trademark on goods;

(2) Using a trademark similar to its registered trademark on the same kind of goods without the permission of the trademark registranttrademark, 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 the exclusive rights of registered trademarks ;

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

(5) Without the consent of the trademark registrant, changing the registered trademark and putting the goods with the changed trademark back on 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) Giving others the exclusive right to use registered trademarks causing other damage.

The exclusive right to register a trademark is limited to the approved registered trademark and the approved goods for use. Therefore, trademark infringement includes counterfeiting, counterfeiting, selling fake goods, reverse counterfeiting, etc. If your situation is more complicated or you have other questions, the Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation on the Legal Savior Network.