What are the forms of trademark infringement
1. With the permission of the trademark registrant, the act of using a trademark that is identical or similar to the Registered trademark on the same or similar goods is also called use infringement.
2. Selling goods that infringe the exclusive rights of registered trademarks The behavior is trademark infringement in the circulation field, also known as sales infringement.
3. Create or create without authorization the registered trademarks of others Or the act of selling counterfeit or unauthorized registered trademarks is also called trademark infringement.
4. Replacement with the consent of the trademark registrant The act of registering a trademark and putting the goods with the changed trademark back into the market is called reverse counterfeiting abroad.
5. Others’ exclusive rights to registered trademarks cause other damaging behavior.
Trademark infringement
It means that the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark owner from using its registered trademark or damages the trademark. Other acts that reflect the legitimate rights and interests of the right holder. The infringer is usually responsible for stopping the infringement, and the perpetrator who knows or should have known that the infringement is infringement is also responsible for compensation. If the case is serious, he will also bear criminal liability.
Elements of trademark infringement
If the following four elements are met, it constitutes the sale of counterfeit registered trademarks Infringement of goods:
1), must have The existence of illegal behavior means that the perpetrator has sold counterfeit registered trademark goods;
2), there must be damage facts, that is, the behavior of selling counterfeit trademarked goods by the perpetrator has caused damage to the trademark owner. Selling goods that counterfeit someone else’s registered trademark will cause harm to the right holder. Serious property losses will also cause goodwill damage to entities that enjoy registered trademark rights. Both property losses and goodwill damage are facts of damage.
3). The offender is subjectively at fault, which means that the goods sold by the offender are counterfeit registered trademarks. The facts about the product are already knownOr should know.
4), between illegal acts and damaging consequences There must be a causal relationship, which means that there is a causal relationship between the illegal actor's sales behavior and the damage caused to the trademark owner.
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