Types of Trademark Infringement According to Article 57 of the Trademark Law of People's Republic of China (PRC), there are seven acts of infringing the exclusive right to use a registered trademark:
1. Use the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant.
2. Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical to or similar to its registered trademark on similar goods, is likely to cause confusion.
3. Selling goods that infringe the exclusive right to use a registered trademark.
4. Forge or make a registered trademark logo of others without authorization or sell a forged or made registered trademark logo without authorization.
5, without the consent of the trademark registrant, change its registered trademark and put the goods with the changed trademark on the market again.
6. Deliberately providing convenience for infringing upon the exclusive right to use a trademark of others and helping others to commit acts of infringing upon the exclusive right to use a trademark.
7, causing other damage to the exclusive right to use a registered trademark of others.
Without the permission of the trademark owner, the actor uses the same or similar trademark on the same or similar goods, or other acts 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 usually bears the responsibility of stopping the infringement, and the actor who knows or should know that it is an infringement is also liable for compensation. If the circumstances are serious, they shall also bear criminal responsibility.
Extended data:
Four elements of trademark infringement
Having the following four constitutive requirements constitutes the infringement of selling counterfeit registered trademark goods:
1, there must be an illegal act, that is, the actor has carried out the act of selling goods with counterfeit registered trademarks;
2, there must be damage facts, that is to say, the behavior of selling counterfeit trademark goods implemented by the actor has caused the damage consequences of the trademark owner. Selling goods with counterfeit registered trademarks of others will cause serious property losses to the obligee, and at the same time, it will also bring goodwill damage to the units enjoying registered trademarks. Property loss and goodwill damage are both damage facts.
3. The subjective fault of the actor refers to the fact that the actor already knows or should know that the goods sold are counterfeit registered trademarks.
4. There must be a causal relationship between the illegal behavior and the damage result, that is, there is a causal relationship between the illegal sales behavior and the damage result caused by the trademark owner.
Types of trademark infringement
According to the Trademark Law of People's Republic of China (PRC) [1]? Article 57 provides for seven acts of infringement of the exclusive right to use a registered trademark:
1. Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
2. Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods, is likely to cause confusion;
3. Selling goods that infringe the exclusive right to use a registered trademark;
4. Forging or manufacturing others' registered trademarks without authorization or selling forged or manufactured registered trademarks without authorization;
5, without the consent of the trademark registrant, change its registered trademark and put the goods with the changed trademark on the market again;
6. Deliberately providing convenient conditions for infringing upon the exclusive right to use a trademark of others and helping others to commit acts of infringing upon the exclusive right to use a trademark;
7, causing other damage to the exclusive right to use a registered trademark of others;