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Trademark infringement (TRADEMARK INFRINGEMENT)

1. That is: trademark infringement means: the perpetrator does not obtain the permission of the trademark owner , using a trademark that is identical or similar to its registered trademark on the same or similar goods, or other behaviors that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to cease 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 liability.

2. Selling goods with counterfeit registered trademarks that you know or should know to meet the following four elements constitutes an infringement of selling goods with counterfeit registered trademarks:

1) There must be illegal behavior, which means that the perpetrator has sold counterfeit registered trademark goods;

2) There must be damage facts, that is, the perpetrator has sold counterfeit trademark goods that have caused the trademark to be damaged. damage to the rights holder. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the rights holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.

3〕The illegal perpetrator is subjectively at fault, which means that the perpetrator already knew or should have known the fact that the goods sold were goods with counterfeit registered trademarks.

4) There must be a causal relationship between the illegal act and the damage, which means that there is a cause-and-effect relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner.