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What is considered clothing brand infringement?

Clothing infringement is trademark infringement. Trademark infringement is trademark infringement, which means that the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark owner from using his registered trademark and damages the trademark rights. Other actions to protect people's legitimate rights and interests.

If the following four elements are met, it constitutes an infringement of selling goods with counterfeit registered trademarks:

1. There must be an illegal act, that is, the perpetrator has sold counterfeit goods. The act of registering trademarked goods;

2. There must be a fact of damage, which means that the perpetrator's behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the rights holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.

3. The offender is subjectively at fault, which means that the offender already knows or should know the fact that the goods sold are goods with counterfeit registered trademarks.

4. There must be a causal relationship between the illegal act and the damage, which means that there is a causal relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner.

Extended information:

According to Article 57 of the "Trademark Law of the People's Republic of China", seven types of behaviors that infringe the exclusive right to register a trademark are stipulated:

1. Using the same trademark as the registered trademark on the same kind of goods without the permission of the trademark registrant.

2. Without the permission of the trademark registrant, a trademark similar to the registered trademark is used on the same product, or a trademark that is identical or similar to the registered trademark is used on similar products, which may easily lead to confusion.

3. Selling goods that infringe the exclusive rights of registered trademarks.

4. Counterfeiting or making without authorization the registered trademark signs of others or selling counterfeit or making without authorization the registered trademark signs.

5. Without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again.

6. Intentionally providing convenient conditions for infringement of other people's exclusive trademark rights and helping others to carry out infringement of trademark exclusive rights.

7. Causing other damage to the exclusive right to use registered trademarks of others.

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