What are the statutory conditions for the crime of counterfeiting registered trademarks?

What are the statutory conditions for the crime of counterfeiting Registered trademarks? Regarding this issue, the editor of Legal Savior Network has compiled some information on this issue for you. If you want to know what the legal conditions constitute for the crime of counterfeiting registered trademarks, if you If you want to know, please read with the editor, and I will answer it for you immediately. Follow the editor of the Legal Savior Network and read below.

What are the statutory conditions for the crime of counterfeiting registered trademarks

The criminal subject of this crime is the general subject, that is, any enterprise, institution or individual counterfeits the registered trademark of others, and the circumstances reach the level of crime The standard constitutes this crime.

The objects infringed by this crime are others' legitimate exclusive rights to registered trademarks and the national trademark management order;

The subjective aspect of this crime is intentional and for profit. Negligence does not constitute this crime.

The objective aspect of this crime is that the perpetrator committed trademark counterfeiting prohibited by the criminal law, and the circumstances were serious.

According to the provisions of the Trademark Law, the trademark owner can Allow others to use their registered trademarks on their goods. Without permission, you may not use the same or similar trademarks as others' registered trademarks on the same or similar goods. This is one of the contents of the exclusive right to register a trademark. Failure to obtain the permission of the registered trademark owner includes the following specific situations: The perpetrator has never obtained the permission of the registered trademark owner to use the registered trademark. That is, the trademark owner has not permitted the perpetrator to use its registered trademark at any time or in any way; although the perpetrator has obtained permission to use the registered trademark from the owner, he continues to use the registered trademark after the expiration of the use period stipulated in the license contract. The owner's trademark; although the perpetrator has obtained permission to use the registered trademark from the owner, the licensee cannot guarantee the quality of the goods using the trademark.The license contract is terminated in advance, and the perpetrator continues to use the registered trademark after the contract is terminated; although the perpetrator has obtained the permission to use the registered trademark from the owner, it uses it beyond the scope of goods permitted to use the registered trademark; although the perpetrator has obtained all the rights to use the registered trademark license to use the registered trademark, but beyond the scope of the permitted use of the registered trademark.

Trademark used in commercial activities

In the same category The product is used for communication with others, exhibitions and other commercial activities. It can be seen that according to this provision, the use of trademarks should also include use in advertising, exhibitions and other commercial activities.

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