What conditions should be met to appeal for infringement of trademark exclusive rights?

As competition intensifies and people's awareness of trademark protection strengthens, there are more and more lawsuits involving copycat and counterfeit trademarks. Trademark infringement also has its legal scope in law. What conditions should be met to appeal against infringement of trademark exclusive rights? The editor of Legal Savior Network will explain to you the legal acts regarding trademark infringement.

What should be satisfied in an appeal for trademark infringement? Conditions

(1) Counterfeiting or counterfeiting

Counterfeiting or counterfeiting refers to using an identical or similar trademark on the same or similar goods without the permission of the trademark registrant. This type of infringement can be specifically broken down into the following four types:

(1) Using the same trademark as another’s Registered trademark on the same kind of goods;

(2) Using a trademark similar to another’s registered trademark on the same kind of goods;

(3) Use the same trademark as the registered trademark on similar goods;

(4) Using a trademark that is similar to someone else’s registered trademark on similar goods. The first type of behavior is counterfeiting, and the remaining three are counterfeiting behaviors. Counterfeiting registered trademarks is the most serious Infringement of trademark rights, if the circumstances are serious, criminal liability shall be investigated in accordance with the law.

"Identical trademark" means that the trademark accused of infringement is visually similar to the plaintiff's registered trademark. There is basically no difference. "Similar trademark" means that the trademark accused of infringement is similar to the plaintiff's registered trademark in terms of the glyphs, pronunciations, meanings, or the composition and color of graphics, or the overall structure of the combination of its elements. Or their three-dimensional shapes and color combinations are similar, which may easily cause the relevant public to misunderstand the source of the goods or think that their sources are specifically related to the goods with the plaintiff’s registered trademark.

"Similar goods" means the same in terms of functions, uses, production departments, sales channels, consumer objects, etc., or Goods that the relevant public generally believe have a specific connection and are likely to cause confusion. When determining whether the goods or services are similar, a comprehensive judgment should be made based on the general understanding of the goods or services by the relevant public. The International Classification of Goods and Services for Trademark Registration, Similar Goods and service differentiation table can be used as a reference to judge similar goods or services.

(2) There are sales of goods that infringe trademark rights

The subject of this type of infringement is the product dealer. Regardless of whether the actor is subjectively at fault, as long as the act of selling goods that infringes the exclusive rights of a registered trademark is carried out, it constitutes an infringement. Only if the actor is subjectively good-faith may be exempted from liability for compensation. Article 56, Paragraph 3 of the Trademark Law stipulates: If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you obtained the goods legally and explain the supplier, you will not be liable for compensation.appoint.

(3) Forgery or unauthorized production of other people’s registered trademarks Mark or sell counterfeit or unauthorized registered trademarks

This kind of infringement is a trademark infringement issue, including "manufacturing" and "sales".

(4) Without the consent of the trademark registrant, Change its registered trademark and put the goods with the changed trademark back on the market

This behavior is also called reverse counterfeiting and trademark removal. Two elements must be met to constitute this kind of infringement: first, the perpetrator changes the trademark without the consent of the trademark owner; second, the goods with the changed trademark are put into the market for sale.

(5) The exclusive right to register a trademark to others Behavior causing other harm

Trademark infringement:

1. For the same or similar products, compare Use a mark that is identical or similar to another person’s registered trademark as a product name or product decoration to mislead the public;

2. Intentionally providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement of the exclusive rights of registered trademarks of others;

3. Use words that are the same or similar to others’ registered trademarks as the company’s font size to prominently use them on the same or similar goods, It is easy for the relevant public to misunderstand;

4 , copying, imitating or translating a well-known trademark registered by others, or its main part, and using it as a trademark on different or dissimilar goods, misleading the public, causing the interests of the registrant of the well-known trademark to be potentially harmed; p>

5. Register words that are identical or similar to others’ registered trademarks as domain names , and the e-commerce of related commodity transactions through this domain name may easily cause misunderstanding to the relevant public.

The above is about trademark infringement. If you have one of the above behaviors, or several of them, you can appeal to the court. A trademark is not just a name, but also important. The value and significance of trademarks, especially famous trademarks, are even more valuable. I hope it can help you. If you have other questions, you can seek legal consultation on our Legal Savior website.