What are the "reverse counterfeiting" in trademark infringement and its legal regulations?

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What are the "reverse passing off" and its legal regulations in trademark infringement

"Trademark Law"

Article 57 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Using a trademark that is similar to its registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to its registered trademark on similar products, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Forgery or unauthorized manufacturing Registering a trademark logo by others or selling a counterfeit or unauthorized registered trademark logo;

(5) Changing the registered trademark without the consent of the trademark registrant and replacing the trademark Products with replaced trademarks are put on the market again;

(6) Deliberately providing facilities for infringement of other people's exclusive rights to trademarks and helping others to carry out infringement of exclusive rights to trademarks ;

(7) Causing other damage to the exclusive right to use registered trademarks of others.

Article 60 contains Article 50 of this Law If one of the seven acts of infringement of the exclusive right to use a registered trademark causes a dispute, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department deal with.

Handed by the industrial and commercial administration departmentIf the infringement is determined to be established, the infringement shall be ordered to stop immediately, the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks shall be confiscated and destroyed. If the illegal business volume exceeds 50,000 yuan, a fine of five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation from the industrial and commercial administrative department handling the matter, or may file a dispute in accordance with the Civil Procedure Law of the People's Republic of China. 》Sue in the People's Court. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation agreement after it becomes effective, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

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