Legal subjectivity:

1. What is trademark infringement? Trademark infringement is when the perpetrator is subjectively at fault and commits a crime in the same category without the permission of the trademark registrant. Using a trademark that is the same as its registered trademark on goods; forging, making without authorization other people's registered trademark logos, and other acts that infringe on the exclusive right to register a trademark. 2. A brief description of the manifestations of trademark infringement (1) Counterfeiting of registered trademarks specifically includes the following four situations: 1. Using the same trademark as another’s registered trademark on the same product; 2. Using the same trademark as another’s registered trademark on the same product. A trademark that is similar to the registered trademark of others; 3. Using the same trademark as the registered trademark on similar goods; 4. Using a trademark that is similar to the registered trademark of others on similar goods. (2) Selling goods that infringe trademark rights. Note that selling goods that counterfeit someone else’s registered trademark constitutes infringement and does not require knowledge. This is different from patent infringement. Those who sell products that are not known to infringe patent rights will not be liable for damages as long as they can explain the source. (3) Counterfeiting or unauthorized manufacturing of other people’s registered trademarks or selling counterfeit or unauthorized registered trademarks (4) Reverse counterfeiting, that is, replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back into the market market. Note that the goods must be put into the market again. If the goods are not put into the market but used by oneself, it does not constitute reverse counterfeiting. (5) The main situations that cause other damage to the exclusive right of registered trademarks of others include: 1. Using signs that are identical or similar to others’ registered trademarks as product names or product decorations on the same or similar goods, misleading the public of. 2. Deliberately providing warehousing, transportation, mailing, hiding and other convenient conditions for infringement of the exclusive rights of registered trademarks of others. 3. Use words that are identical or similar to others’ registered trademarks as the company’s trade name to prominently use them on the same or similar products, which may easily cause misunderstandings among the relevant public. 4. Copying, imitating or translating a well-known trademark registered by others or using its main part as a trademark on different or dissimilar goods, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark. 3. What are the types of trademark infringements in the Civil Code? The perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark owner from using its registered trademark, causing harm to the trademark owner. Any other behavior that fulfills the legitimate rights and interests of the trademark owner constitutes trademark infringement. 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. Article 123 of the Civil Code defines intellectual property rights. Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects: (1) works; (2) inventions, utility models, and designs; (3) trademarks; (4) geographical indications; (5) trade secrets; 6) Integrated circuit layout design; (7) New plant varieties; (8) Other objects specified by law. Article 1,165 Principle of Fault Liability If an actor causes damage due to his fault in infringing upon the civil rights and interests of others, he shall bear tort liability. According to legal provisions, it is presumed that the actor is at fault, but if he cannot prove that he is not at fault, he shall bear tort liability. Article 1185. Punitive damages for infringement of intellectual property rights. If the intellectual property rights of others are intentionally infringed, and the circumstances are serious, the infringed party has the right to request corresponding punitive damages. Trademark rights are granted by law, and if trademark infringement occurs, it is illegal.

Legal objectivity:

"Trademark Law of the People's Republic of China"

Article 57

Anyone who commits any of the following acts shall be considered an infringement Exclusive right to register a trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant; The registrant’s permission is to use a trademark that is similar to its registered trademark on the same kind of goods, or to use a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Sales infringement Products with exclusive rights to registered trademarks;

(4) Counterfeiting or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Counterfeiting or manufacturing registered trademarks without authorization; The trademark registrant agrees to replace its registered trademark and put the goods with the changed trademark back into the market;

(6) Deliberately providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks Behavior;

(7) Causing other damage to others’ exclusive rights to use registered trademarks.