The principle of identifying trademark infringement
Judge whether an act belongs to trademark infringement from the following aspects: 1. There must be an illegal act, that is, the actor has carried out the act of selling counterfeit registered trademark goods; 2. There must be the fact of damage, that is, the behavior of the actor selling counterfeit trademark goods has caused the damage consequences of the trademark owner. Selling goods with counterfeit registered trademarks of others will cause serious property losses to the obligee, and at the same time, it will also bring goodwill damage to the units enjoying registered trademarks. Property loss and goodwill damage are both damage facts. 3. The subjective fault of the actor refers to the fact that the actor already knows or should know that the goods sold are counterfeit registered trademarks. 4. There must be a causal relationship between the illegal behavior and the damage result, that is, there is a causal relationship between the illegal sales behavior and the damage result caused by the trademark owner. Legal basis: Article 57 of the Trademark Law of People's Republic of China (PRC) commits any of the following acts, all of which are infringement of the exclusive right to use a registered trademark: (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 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.