What are the elements of trademark infringement
1. There must be illegal behavior
There must be illegal behavior, that is, 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.
2. Damage must occur
Trademark rights are An intangible intellectual property, the damage caused to it may be tangible material damage, intangible economic loss, or both. Specifically, it can be manifested as a decrease in sales of the trademark owner's products, a decrease in profits, an increase in production costs due to stopping infringement, a decrease in trademark credibility, consumer complaints, etc.
3. There is a causal relationship between the damage consequences and illegal acts
There is a causal relationship between the damage consequences and illegal acts, that is, The damage is directly caused by the illegal act. 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.
4. The perpetrator is subjectively at fault
The perpetrator There are subjective faults, 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 it on the same or similar goods.A trademark that is identical or similar to someone else’s registered trademark; negligence means that the perpetrator still uses a trademark that is identical or similar to someone else’s registered trademark on the same or similar goods even though he should subjectively know that someone else’s trademark has been approved for registration.
There are four elements for trademark infringement, namely: the existence of illegal acts; the occurrence of damaging results; the causal relationship between the damaging consequences and illegal acts; behavior People are subjectively at fault. There is a detailed introduction in the article, I hope it can help you. If you have any questions, please feel free to consult a lawyer on this website.
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