Counterfeiting or counterfeiting other people’s registered trademarks refers to the act of using an identical or similar trademark on the same or similar goods without the permission of the trademark registrant. Trademark infringement must be an infringement of the rights of the trademark owner. If the trademark owner gives "permission", it means that the trademark owner has given up on pursuing the perpetrator's infringement liability. Of course, the national competent authorities have the right to hold the trademark registrant administratively responsible for changing the graphics, text or combination of trademarks without authorization and expanding the scope of use.
Legal basis: Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts shall constitute an infringement of the exclusive right to register a trademark:
(1) ) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;
(2) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant Similar trademarks, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;
(5) Replacing the registered trademark without the consent of the trademark registrant and the replacement trademark The goods are put into the market;
(6) Deliberately providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;
(7) Giving Other damages caused by the exclusive right to use registered trademarks of others. Article 67 If the use of a trademark identical to its registered trademark on the same kind of goods without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability will be pursued in accordance with the law. If a person forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law. Anyone who knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the losses of the infringed party, he will also be held criminally responsible in accordance with the law.
Article 213 of the Criminal Law of the People's Republic of China and the People's Republic of China: Using the same trademark as the registered trademark on the same kind of goods or services without the permission of the owner of the registered trademark, if the circumstances are serious , shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.
If your company has trademark registration, rights protection and other needs, you are welcome to contact the senior trademark consultants of the Qizhidao platform for detailed consultation.