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Can tm trademark sue for trademark infringement?
Can tm trademark sue trademark infringement? The answer is of course not. And it is not infringement. In principle, it is possible. Because the TM trademark has been accepted by the state, the trademark examination may or may not pass, which means that the TM trademark has not obtained the ownership of the trademark, let alone infringement. It is suggested to discuss the infringement after obtaining the trademark registration certificate. The manifestations of trademark infringement include: (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 registered trademark owner. Specifically, it includes four situations: 1, using the same trademark as the registered trademark of others on the same commodity; 2. Use a trademark similar to the registered trademark of others on the same commodity; 3. Use the same trademark as the registered trademark of others on similar goods; 4. Use a trademark similar to the registered trademark of others on similar goods. Carrying out such acts without permission, whether intentional or negligent, constitutes an infringement of the exclusive right to use a registered trademark of others. (2) selling goods that are knowingly counterfeit registered trademarks. The seller subjectively knows or should know that he is selling goods with counterfeit registered trademarks, which constitutes such infringement. (3) Forging or manufacturing a registered trademark of another person without authorization or selling a registered trademark forged or manufactured without authorization. There are four main forms of this kind of infringement: 1, forging the registered trademark of others; 2. Making the logo of its registered trademark without the permission or authorization of the trademark owner; 3. Making its registered trademark logo without authorization beyond the authority granted by the trademark owner; 4. Selling forged or unauthorized registered trademark marks. (4) Acts that cause other damages to the exclusive right to use a registered trademark of others. 1. Selling goods that you know or should know are infringing on the exclusive right to use registered trademarks of others. Take the principle of fault liability for such behavior. 2. On the same kind of 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. 3. Deliberately providing convenient conditions such as warehousing, transportation, mailing and concealment, due to infringement of the exclusive right to use a registered trademark of others. This kind of infringement is based on intentional execution.