Because it is a counterfeit product, there is trademark infringement.
Trademark infringement refers to: the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes or hinders the trademark owner from using its registered trademark trademark, and other behaviors that damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to stop the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal responsibility.
According to Article 57 of the "Trademark Law of the People's Republic of China" [2], seven types of behaviors that infringe the exclusive rights of registered trademarks are stipulated:
1. Failure to do so Using the same trademark as the registered trademark on the same product with the permission of the trademark registrant;
2. Using a trademark similar to the registered trademark on the same product without the permission of the trademark registrant , or using a trademark that is identical 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. Counterfeiting . Making other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks;
5. Changing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market ;
6. Intentionally providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;
7. Inflicting other consequences on others’ exclusive rights to registered trademarks; Damage;
The issue of trademark infringement is a work with strong legal, policy and operational aspects. It involves not only the legislative, judicial and law enforcement levels, but also the economy, culture and politics. , diplomacy and other fields, it is therefore a huge and complex systematic project.
See:
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