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What is the definition of logo infringement?

Trademark infringement can be identified as follows:

1. Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the registered trademark owner behavior.

2. The act of changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market. This behavior is also called "reverse counterfeiting" in theory. .

3. The act of selling goods that infringes upon the exclusive rights of registered trademarks. Combined with the provisions of Article 56, Paragraph 3 of the Trademark Law: If you sell goods that are not known to infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and explain the supplier. Therefore, this form Trademark infringement requires subjective knowledge by the seller.

4. The act of counterfeiting or making without authorization the registered trademark signs of others or selling the counterfeit or unauthorized made registered trademark signs. It should be noted that this infringement is a trademark infringement, including "manufacturing" and "sales".

5. Acts that cause other damage to the exclusive right to use registered trademarks of others.

Extended information: The relationship between trademark use and trademark infringement: The meaning of "trademark use" is divided into active use characterized by the maintenance of trademark rights and trademark use in the determination of trademark infringement. These two meanings are not equivalent. Regarding the relationship between trademark use and trademark infringement, theoretically some scholars believe that non-commercial use by non-profit organizations may also constitute infringement, while most opinions tend to believe that commercial use should be the premise for determining trademark infringement. In judicial practice, in most cases, the prerequisite for determining trademark infringement is that the defendant's behavior is trademark use. The basic act that constitutes an infringement of the exclusive right to use a registered trademark must be the use of an identical or similar trademark in the sense of a commercial mark. That is, the use of the accused infringing mark must be a use in the sense of a trademark, or the mark must be used to distinguish goods. Source logo used. If the words, graphics and other signs that are the same as or similar to others’ registered trademarks do not have the function of distinguishing the source of the goods, such use is not a use in the sense of a trademark and will not constitute an infringement of the exclusive rights of others’ registered trademarks. Generally speaking, for direct infringement of trademark rights, the determination needs to be based on the premise that the alleged infringement constitutes trademark use. Indirect trademark infringement or homologous infringement often does not belong to trademark use.