Trademark infringement refers to other acts in which the actor uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or interferes with or hinders the trademark owner from using its registered trademark, thus damaging the legitimate rights and interests of the trademark owner. The infringer usually bears the responsibility of stopping the infringement, and the actor who knows or should know that it is an infringement is also liable for compensation. If the circumstances are serious, they shall also bear criminal responsibility.
If trademarks and designs are registered and publicized, it is illegal for others to reuse them, but if they are not registered, they are not protected. If two people apply for registration at the same time, the first user has priority.
Legal basis: Article 57 of the Trademark Law.
Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;
(3) selling goods that infringe upon the exclusive right to use a registered trademark;
(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(five) 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) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;
(seven) causing other damage to the exclusive right to use a registered trademark of others.