Counterfeiting other people’s trademarks is infringement and illegal. Registered trademarks can be found at the Trademark Office. Trademarks are regional, unless they are well-known trademarks, which are registered with the Trademark Office. The details will be determined based on the actual situation.

If the other party does not have an appearance patent or a technical patent, imitation will generally not constitute infringement; the Trademark Administration in Beijing can check trademark applications across the country. If you want to apply for a trademark, you can handle it at a local intellectual property office. You can check whether the Trademark Office has a trademark that meets the application requirements through the Internet.

If foreign trademarks are not registered in China, they will not constitute infringement; well-known foreign trademarks will basically be registered in China. 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.

Imitating someone else’s style and pasting one’s own trademark is the use of a trademark that is similar to its registered trademark on similar goods, or other interference or obstruction of the trademark owner’s use of its registered trademark and damage to the legitimate rights and interests of the trademark owner. behavior, so if the other party complains or sues, it may also be ruled as infringement.

Extended information:

In a trademark infringement case, a defendant commits infringement alone, and the plaintiff only sues for the defendant’s infringement. The plaintiff can only choose the defendant’s domicile or the place of infringement. The court at the place where the infringement occurred has no jurisdiction, and other courts have no jurisdiction. When awarding infringement compensation, the plaintiff can only make a claim for the defendant's infringement, and the defendant will only be liable for compensation for its own infringement.

However, if the plaintiff files a lawsuit against several defendants who are related to each other for trademark infringement, and the defendants’ infringement acts do not show the same intention or fault, The situation becomes complicated.

If defendant 1 specializes in printing various trademarks and logos and sells them, defendant 2 purchases infringing trademark logos and manufactures infringing products for sale, and defendant 3 purchases the infringing products produced by defendant 2 and wholesales them to other retailers, in wholesale Previously, defendant 4 was entrusted with warehousing and defendant 5 with transportation.

If the above five defendants are in five different regions, and the five different regions are under the jurisdiction of different courts, then the plaintiff can sue the five defendants at the same time in the court where any defendant is domiciled. Of course, You can also choose a court of competent jurisdiction to prosecute one of the defendants. The right of choice against the defendant sued shall be exercised by the plaintiff.

Baidu Encyclopedia-Infringing Trademark