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Three words trademark infringement

First, there must be illegal behavior. That is to say, the perpetrator objectively uses the registered trademark without obtaining the permission of the trademark owner or other legal basis, and his behavior is illegal. The perpetrator did not obtain the authorization or permission from the trademark registrant when he first used the trademark, but later obtained his permission or ratification, or the trademark registrant ignored it and expressed acquiescence after learning of the situation. This kind of behavior does not exist Illegal. Second, there must be harmful consequences. Trademark right is an intangible intellectual property, and the damage caused to it may be either tangible material damage, intangible economic loss, or both. Specifically, it can be manifested as a decrease in sales of the trademark owner's products, a decrease in profits, an increase in production costs due to stopping infringement, a decrease in trademark credibility, consumer complaints, etc. Third, there is a causal link between the damage and the illegal behavior. relationship, that is, the damage is directly caused by the illegal act. This kind of causal relationship is diverse. There are direct causal relationships, such as counterfeiting registered trademarks; there are also indirect causal relationships, such as providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement. If the damage is caused by a series of behaviors, that is, multiple causes and one effect, such as the actor forging trademarks, the middleman is responsible for transportation, and the seller sells goods with counterfeit registered trademarks, the perpetrators of the acts may Becoming an infringer constitutes trademark infringement. Fourth, the perpetrator has subjective fault, including intentionality and negligence. Intention means that the perpetrator subjectively knows that another person's trademark has been approved and registered and he has no right to use it, but still uses the same or similar trademark as another person's registered trademark on the same or similar goods; negligence means that the perpetrator should subjectively know that another person's trademark Even if registration has been approved, a trademark that is identical or similar to someone else’s registered trademark is still used on the same or similar goods.