Judicial interpretation of article 57 of trademark law
What does Article 57 of the Trademark Law mean? Article 57 of the Trademark Law violates the exclusive right to use a registered trademark if it commits any of the following acts: (1) Using a trademark identical to 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 commodity, or using a trademark identical to or similar to its registered trademark on similar commodities is likely to lead to 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 providing convenience for 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. Interpretation This article is a provision on the infringement of the exclusive right to use a registered trademark. Infringement of the exclusive right to use a registered trademark, also known as trademark infringement, refers to all acts that damage the rights and interests of others' registered trademarks. Judging whether an act constitutes an infringement of the exclusive right to use a registered trademark mainly depends on whether it has four elements: first, the objective existence of damage facts; The second is the illegality of the behavior; Third, the fact of damage is caused by illegal acts; The fourth is the intention or negligence of the behavior. When the above four requirements are met at the same time, it constitutes trademark infringement. The acts of infringing the exclusive right to use a registered trademark as stipulated in this article mainly include the following categories: 1. The act of using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant. This is the most obvious and the most common trademark infringement in judicial practice. Without the permission of the trademark registrant, it refers to the act of using a trademark identical with or similar to its registered trademark on the same or similar goods without going through the licensing procedures in accordance with Article 4 of this Law. Its specific manifestations are as follows: first, using the same trademark as the registered trademark of others on the same commodity; The second is to use a trademark similar to the registered trademark of others on the same commodity; The third is to use the same trademark as the registered trademark of others on similar goods; The fourth is to use trademarks similar to others' registered trademarks on similar goods. This kind of behavior, whether intentional or negligent, will lead to the confusion of the source of goods, make consumers mistake and buy goods by mistake, thus damaging the legitimate rights and interests of trademark registrants and consumers, so it is a typical trademark infringement. Trademark registrants have the right to stop this illegal use, and the law must explicitly prohibit this kind of infringement of the exclusive right to use a registered trademark, and investigate the legal responsibility of the offenders according to law. 2. Selling goods that infringe the exclusive right to use a registered trademark. This is a trademark infringement in the circulation of commodities. Usually, goods that infringe on the exclusive right to use a registered trademark can not reach consumers unless they are sold by the producers themselves, but also through the sales activities of others. Sellers like this, like producers of goods that infringe on the exclusive right to use registered trademarks, have played a role in confusing the source of goods, infringing on the exclusive right to use registered trademarks and harming the interests of consumers. Therefore, this kind of sales should also be regarded as an infringement of the exclusive right to use a registered trademark, and should also be treated as trademark infringement, so that it can bear corresponding legal responsibilities. It should be noted that the producers of goods infringing the exclusive right to use a registered trademark are generally intentional, but the sellers of goods infringing the exclusive right to use a registered trademark may or may not be intentional. Therefore, the third paragraph of Article 56 of this Law clearly stipulates that if you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you can prove that the commodity was legally obtained by yourself and explain the supplier, and you will not be liable for compensation. From this, it can be seen that the sale of goods that are not known to infringe the exclusive right to use a registered trademark can prove that the goods were legally obtained by itself and explain the supplier, so it is impossible to pursue its legal responsibility according to trademark infringement, so it should not be liable for compensation. 3. The act of forging or making a registered trademark logo of others without authorization or selling a forged or made registered trademark logo without authorization. The so-called "forgery" refers to making the same trademark logo as the registered trademark logo by imitating the pattern and material entity of the registered trademark of others without the permission of others; The so-called "unauthorized manufacturing" mainly refers to the act of printing a trademark logo without the permission of others in addition to the number of prints stipulated in the trademark printing contract. Forgery and unauthorized manufacturing have the same feature, that is, they are all acts without the permission of the trademark registrant. The difference is that the former trademark logo itself is false, while the latter trademark logo itself is true. The act of selling forged or unauthorized registered trademark marks refers to buying and selling such trademark marks, including both wholesale and retail, both internal sales and market sales. Trademark identification is an important form of trademark use. The purpose of forging or making others' registered trademarks without authorization is to use them on the same kind of goods or similar goods produced or sold by themselves or others, so as to make the fake genuine and the inferior good; The purpose of selling forged or unauthorized registered trademarks is to obtain illegal benefits. Because this kind of behavior disturbs the order of market economy, infringes on the exclusive right of trademark registrant and harms the interests of consumers, it has serious consequences and great harm. Therefore, we must take effective measures to severely crack down and investigate the legal responsibility of offenders according to law. 4. Without the consent of the trademark registrant, the act of changing its registered trademark and putting the goods with the changed trademark on the market again. This is a new provision in the revision of the Trademark Law. Some foreign legislative cases call it "reverse counterfeiting" and prohibit and sanction it. The so-called "reverse counterfeiting" refers to the act of removing the trademark legally attached by others on the goods and replacing it with one's own trademark, posing as one's own goods to be sold. In the process of China's transition to a market economy, there has been a phenomenon of removing the registered trademark used in goods without the consent of the trademark registrant and putting it into the market for sale after replacing it with its own trademark. This kind of behavior violates consumers' right to know, makes consumers misunderstand the source of goods, producers and suppliers, and also hinders the effective function of registered trademarks and the trademark registrant's striving for famous brands. Therefore, it should be considered as an act of infringement of the exclusive right to use registered trademarks. In order to benefit the healthy development of the socialist market economy and protect the exclusive right of trademark registrants, it is necessary to expressly increase the prohibition of such infringement in this law. 5. Acts that cause other damage to the exclusive right to use a registered trademark of others. This is a general provision. Acts that cause other damages to others' exclusive right to use a registered trademark mainly refer to other acts that damage others' exclusive right to use a registered trademark except the first four items of this article. For example, the corporate logo or its main part constitutes a copy, imitation, translation or transliteration of a well-known trademark, which may imply that there is some connection between the enterprise using the corporate logo and the well-known trademark registrant, which may damage the interests of the well-known trademark registrant, or improperly use or weaken the distinctive features of the well-known trademark. The domain name or the main part of the domain name constitutes a copy, imitation, translation or transliteration of a well-known trademark, and the domain name is maliciously registered or used; On the same or similar goods, the words and graphics that are identical or similar to the registered trademarks of others are used as commodity names or commodity decorations, which is enough to cause misunderstanding; Intentionally providing convenient conditions such as warehousing, transportation, mailing, concealment, etc. for infringement of the exclusive right to use registered trademarks of others. Although these acts have various forms of expression, they will all cause damage to the exclusive right to use a registered trademark, so they are also violations of the exclusive right to use a registered trademark, and offenders should bear corresponding legal responsibilities according to law. I believe that after reading the above introduction, everyone has a certain understanding of how to solve the legal knowledge of what to pay attention to.