This article is about the infringement of the exclusive right to use a registered trademark. Infringement of the exclusive right to use a registered trademark, also known as trademark infringement, refers to all acts that damage the rights and interests of others' registered trademarks. Judging whether an act constitutes an infringement of the exclusive right to use a registered trademark mainly depends on whether it has four elements: first, the objective existence of damage facts; The second is the illegality of the behavior; Third, the fact of damage is caused by illegal acts; The fourth is the intention or negligence of the behavior. When the above four requirements are met at the same time, it constitutes trademark infringement. The infringement of the exclusive right to use a registered trademark as stipulated in this article mainly includes the following categories: 1. Using a trademark that is the same as or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant. This is the most obvious and common trademark infringement in judicial practice. Without the permission of the trademark registrant, it refers to the act of using a trademark identical with or similar to its registered trademark on the same or similar goods without going through the licensing procedures in accordance with the provisions of Article 40 of this Law. Its concrete manifestations are as follows: first, using the same trademark as the registered trademark of others on the same commodity; The second is to use a trademark similar to the registered trademark of others on the same commodity; The third is to use the same trademark as the registered trademark of others on similar goods; The fourth is to use trademarks similar to others' registered trademarks on similar goods. This kind of behavior, whether intentional or negligent, will lead to the confusion of the source of goods, make consumers mistake and buy goods by mistake, thus damaging the legitimate rights and interests of trademark registrants and consumers, so it is a typical trademark infringement. Trademark registrants have the right to stop this illegal use, and the law must explicitly prohibit this infringement of the exclusive right to use a registered trademark, and investigate the legal responsibility of the offenders according to law. 2. Selling goods that infringe the exclusive right to use a registered trademark. This is a trademark infringement in commodity circulation. Usually, goods that infringe the exclusive right to use a registered trademark can only reach consumers through the sales activities of others unless they are sold by the producers themselves. Sellers like this, like producers of goods that infringe on the exclusive right to use registered trademarks, have played a role in confusing the source of goods, infringing on the exclusive right to use registered trademarks and harming the interests of consumers. Therefore, such sales should also be regarded as infringement of the exclusive right to use a registered trademark, and should also be treated as trademark infringement, so that it can bear corresponding legal responsibilities. It should be noted that the producers of goods infringing on the exclusive right to use a registered trademark are generally intentional, but the sellers of goods infringing on the exclusive right to use a registered trademark may or may not be intentional. Therefore, the third paragraph of Article 56 of this Law clearly stipulates that if you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you can prove that the commodity was legally obtained by yourself and explain it to the supplier, and you will not be liable for compensation. It can be seen that the sale of goods that are unaware of the infringement of the exclusive right to use a registered trademark can prove that the goods are legally obtained by itself and explain to the supplier, so it cannot be investigated for legal responsibility according to trademark infringement, so it should not be liable for compensation. 3. The act of forging or making a registered trademark of another person without authorization or selling a forged or made registered trademark without authorization. The so-called "forgery" refers to imitating the patterns and objects of other people's registered trademarks without permission, and making the same trademark logo as the registered trademark logo; The so-called "unauthorized manufacturing" mainly refers to the act of printing a trademark logo without the permission of others beyond the number of prints agreed in the trademark printing contract. Forging and unauthorized manufacturing have a common feature, that is, they are both acts without the permission of the trademark registrant. The difference is that the former's trademark itself is false, while the latter's trademark itself is true. The act of selling forged or unauthorized registered trademarks refers to the act of buying and selling such trademarks, including both wholesale and retail, both internal sales and market sales. Trademark identification is an important form of trademark use. The purpose of forging or making others' registered trademarks without authorization is to use them on the same or similar goods produced and sold by themselves or others, so as to pass the fake off as the real and pass the inferior as the good; The purpose of selling forged or unauthorized registered trademarks is to obtain illegal benefits. Because this kind of behavior disturbs the market economic order, infringes on the exclusive right of trademark registrants, and harms the interests of consumers, with serious consequences and great harm. Therefore, effective measures must be taken to crack down severely and investigate the legal responsibility of offenders according to law. 4. Without the consent of the trademark registrant, the act of changing its registered trademark and putting the goods with the changed trademark on the market again. This is a new provision in the revision of the Trademark Law. Some foreign legislative cases call it "reverse counterfeiting" and prohibit and sanction it. The so-called "reverse counterfeiting" refers to the act of removing the trademark legally attached to the goods by others and replacing it with one's own trademark to pretend to be one's own goods. In the process of China's transition to a market economy, there has been a phenomenon that the registered trademarks used in commodities have been removed and put into the market for sale without the consent of the trademark registrant. This kind of behavior violates consumers' right to know, makes consumers misunderstand the source, producers and suppliers of goods, and also hinders the effective role of registered trademarks and the efforts of trademark registrants to strive for famous brands. Therefore, it should be recognized as an act of infringement of the exclusive right to use a registered trademark. In order to benefit the healthy development of the socialist market economy and protect the exclusive right of trademark registrants, it is necessary to explicitly increase the prohibition of such infringement in this law. 5. Acts that cause other damage to the exclusive right to use a registered trademark of others. This is a general rule. Acts that cause other damage to the exclusive right to use a registered trademark of others mainly refer to other acts that damage the exclusive right to use a registered trademark of others except the first four items of this article. For example, the corporate logo or its main parts constitute a copy, imitation, translation or transliteration of a well-known trademark, which may imply that there is some connection between the enterprise using the corporate logo and the well-known trademark registrant, which may harm the interests of the well-known trademark registrant, or improperly use or weaken the distinctive features of the well-known trademark. The domain name or the main part of the domain name constitutes a copy, imitation, translation or transliteration of a well-known trademark, and the domain name is maliciously registered or used; On the same or similar goods, the use of words or graphics identical or similar to others' registered trademarks as the name or decoration of the goods is enough to cause misunderstanding; Deliberately providing convenient conditions such as warehousing, transportation, mailing, concealment, etc., due to infringement of the exclusive right to use a registered trademark of others. Although these acts have various forms of expression, they will all cause damage to the exclusive right to use a registered trademark, so they also belong to violations of the exclusive right to use a registered trademark, and offenders should bear corresponding legal responsibilities according to law. (Source: Texas Government Network)

Legal objectivity:

Article 11 The following marks shall not be registered as trademarks: (1) Only the common name, figure and model of the commodity; (two) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods; (3) Lack of distinctive features. A trademark listed in the preceding paragraph may be registered as a trademark if it has obvious characteristics and is easy to identify after use. Explain that this article is about the prohibition sign of registered trademarks. 1. According to the provisions of Article 9 of this Law, the trademark applied for registration shall have distinctive features and be easy to identify. Identifiability is the basic feature of a trademark. Producers and operators promote their own goods and services through trademarks, and consumers distinguish the goods and services of different producers and operators through trademarks. If a trademark has no distinctive features, it cannot realize its function, and it is not a trademark. Second, the first paragraph of this article stipulates that only the common name, figure and model of the goods, or the signs that directly indicate the quality, main raw materials, functions, uses, weight and quantity of the goods, and lack obvious characteristics, shall not be registered as trademarks. Its purpose is to ensure the identifiability of trademarks. Because the marks listed in this article are registered as trademarks, they lack distinctiveness and cannot distinguish the goods and services of different producers and operators. For example, "teapot" is a common name for a tea set. When it is used as a trademark, it lacks distinctiveness, and consumers can't tell which company the teapot is produced by this trademark. In addition, if the trademarks listed in this article are allowed to be registered and used exclusively, it will be unfair to other producers and operators who produce similar goods. Thirdly, there are two ways to obtain trademark distinctiveness: one is to make trademark distinctiveness through careful design of trademark components; The second is to gain public recognition through use and make the trademark remarkable. In practice, there are some trademarks that are not obvious after use, such as "two-sided needle" toothpaste and "Sanqi" Da Die Pill. The international common practice is to give registration protection to trademarks that are remarkable after use. Article 15, paragraph 1 of the Agreement on Trade-related Intellectual Property Rights stipulates that even if some trademarks cannot distinguish the relevant goods or services, members can confirm whether they can be registered according to the identifiability obtained through their use. This provision shows that inconspicuous marks can be registered as trademarks if they are significant after use. According to international practice, combined with China's practice, the second paragraph of this article stipulates that the marks listed in the preceding paragraph can be registered as trademarks if they have obvious characteristics and are easy to identify after use. This provision not only makes it clear that it cannot be used as a trademark registration mark, but also makes up for the defect that it cannot be registered and protected by use in the past, which will play a positive role in strengthening the management of trademark registration in China, maintaining fair competition and encouraging enterprises to create famous brands.