What are the standards for determining trademark infringement?
Generally, four elements must be present to constitute infringement: First, there is an illegal act; second, 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. How to specifically identify trademark infringement? The following is a detailed introduction:
(1) There is an illegal act
The illegality of the behavior means that the behavior committed by the perpetrator violates the provisions of the Trademark Law, that is, the perpetrator uses the same or similar trademark registered by others on the same or similar goods without the permission of the trademark registrant. trademark, or obstruct the trademark registrant from exercising the exclusive right to use the trademark. The existence of trademark violations is a prerequisite for the formation of infringement.
(2) The fact of damage occurs
The fact of damage is a special issue in trademark infringement. sexual conditions. As for the fact of damage, it can be material damage or non-material damage. Material damage is the reduction or elimination of the trademark registrant’s economic interests. Non-material damage refers to the damage or disparagement 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 property interests of the right holder. 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 will be deemed to have non-material damage, and the infringed party can request to stop the infringement.
(3) There is a causal relationship between the illegal act and the fact of damage
The fact of damage is different, forming The causal relationships are also different. The illegal act of infringing upon the exclusive right to use a trademark has caused actual damageIf it exists objectively, then the violation and the fact of damage form a causal relationship. For example, if a counterfeit brand of wine is of very poor quality, consumers will mistakenly think that the quality of the brand has declined after drinking it. 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 a constitutive element of trademark infringement.
(4) Subjective fault of the perpetrator
Confirm that 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 above is the relevant knowledge summarized for you by the editor of Legal Savior Network about the criteria for determining the place of infringement of trademark infringement. There is a relevant introduction in the article. I hope it can help you. If you still have questions and don't understand anything, you are welcome to consult with a lawyer on this website. If you have other legal questions, you can also consult with a professional lawyer on this website.
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