What is the difference between trademark infringement and unfair competition?
Trademark infringement cases can be applied to both trademark law and anti-unfair competition law, because trademark infringement itself is an act of unfair competition, but it is different. When the anti-unfair competition law is applied, it generally refers to the situation of counterfeiting and fraudulent use of trademarks, and more administrative penalties are applicable. When the trademark law is applied, the infringement is already very serious, and it is usually solved through litigation, and the claim amount will be even greater. The manifestations of trademark infringement include: (1) maliciously forging or manufacturing another person's registered trademark or selling goods that counterfeit or manufacture registered trademarks. This kind of infringement is mainly manifested in the following aspects: 1, selling goods that are maliciously forged and manufactured with registered trademarks; 2. Manufacturing the logo of its registered trademark without the permission or entrustment of the trademark owner; 3. Malicious forgery of another person's registered trademark logo; 4. Malicious manufacturing of its registered trademark logo beyond the authorization of the trademark owner; (2) using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the legal owner of the registered trademark. The specific situation covers the following four types: 1, using a trademark similar to the registered trademark of others on similar goods; 2. Use the same trademark as the registered trademark of others on the same commodity; 3. Use the same trademark as the registered trademark of others on similar goods; 4. Use a trademark similar to the registered trademark of others on the same commodity. Taking the above actions without the consent of the parties, whether intentional or negligent, constitutes an act of infringing on the registered trademark of others (3) maliciously selling goods with counterfeit registered trademarks. This kind of goods belongs to the type of knowingly committing crimes. The seller knows that it is a commodity with a counterfeit registered trademark, but he knows the law and violates the law, which also constitutes trademark infringement. (4) Other acts that infringe upon the exclusive right to use a registered trademark of others 1. Malicious provision of warehousing, logistics, transportation, hiding and other breeding activities for those who infringe on the exclusive right to use registered trademarks of others. This kind of infringement is based on intentional execution. 2. Selling products that knowingly infringe upon the exclusive right to use registered trademarks of others. Take the principle of fault liability for such behavior. 3. On the same commodity, using words or graphics identical or similar to others' registered trademarks as commodity names or commodity decorations is easy to cause misidentification.