What is the standard for identifying trademark infringement
Generally, four elements must be present to constitute an infringement: first, there is an illegal act; second, there is There is a fact of damage; third, there is a causal relationship between the illegal act and the fact of damage; fourth, the perpetrator must be subjectively at fault. Trademark infringement is a special kind of civil infringement. Therefore, the above four basic elements must undoubtedly be considered in determining trademark infringement. At the same time, full attention should be paid to the particularity of trademark infringement itself. The details are as follows:
(1) There are illegal acts
The illegality of the behavior means that the behavior committed by the actor violates the provisions of the Trademark Law, the Implementation Regulations of the Trademark Law and other relevant laws, that is, the behavior has occurred without the permission of the actor. Without the permission of the trademark registrant, a trademark that is identical or similar to another's registered trademark is used on the same goods or similar goods without authorization, or acts that hinder the trademark registrant from exercising the exclusive right to use the trademark. The existence of trademark violations is a prerequisite for infringement. .
(2) Damage occurred
The fact of damage is a special condition in trademark infringement. As for the fact of damage, it can be material damage or non-material damage. Material damage is the reduction or elimination of the economic interests of the trademark registrant. Non-material damage refers to the damage and degradation of the right holder's product reputation and corporate image due to infringement of the exclusive right to use a trademark. Non-material damage is intangible and cannot be calculated at the time, but it will eventually lead to the loss of the property interests of the right holder. In In practice, the identification of material damage must be provided by the infringed party, but it is very difficult to provide evidence for the identification of non-material damage, so there is no need for the infringed party to provide evidence. As long as there is an illegal act, it is deemed that there is non-material damage. If the infringement occurs, the infringed party can request to stop the infringement.
(3) There is a causal relationship between the illegal act and the fact of damage
Different facts of damage lead to different causal relationships. The illegal act of infringing on the exclusive right to use a trademark causes the objective existence of the fact of damage, and then the violation forms a causal relationship with the fact of damage. For example, a certain counterfeit brand name wine is of poor quality. Poor, after drinking it, consumers will mistakenly think that the quality of a certain famous brand wine has declined. This means that there is a causal relationship between the infringement and the damage. If the damage occurs due to other reasons, it does not constitute trademark infringement. compositionRequirements.
(4) Subjective fault of the perpetrator
span>The subjective elements for determining that this behavior is an infringement have been cancelled, confirming The principle of "no-fault liability" applies. That is to say, no matter whether the infringer is intentional or negligent, he should bear legal responsibility.
The standard for identifying trademark infringement is actually According to the constitutive elements of trademark infringement stipulated in the law, the behavior in practice must meet the above four conditions at the same time before it can be recognized as trademark infringement. In this case, the infringer needs to bear corresponding legal liability. The above is the relevant content compiled by the editor for you. If you have other questions, you can consult online with the lawyers at our Legal Savior Network.
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