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Class 35 Trademark Infringement of Door Head

Legal analysis: 1. What are the 35 types of trademark infringements?

Infringements stipulated in the Trademark Law generally include the following types:

1. Counterfeiting registered trademarks. Including the use of the same or similar trademarks with other people's registered trademarks on the same or similar goods.

2. selling goods that infringe trademark rights.

3. Forge or make a registered trademark logo of another person without authorization or sell a forged or made registered trademark logo without authorization.

4. Reverse counterfeiting. That is, without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again. Note that the commodity must be put into the market again. If it is not put into the market but used by itself, it does not constitute reverse counterfeiting.

5. causing other damage to the exclusive right to use a registered trademark of others. Including: ① using the same or similar logo as the registered trademark of others as the product name or product decoration on the same or similar goods, misleading the public

② deliberately providing convenient conditions such as warehousing, transportation, mailing, hiding, etc. for infringement of the exclusive right to use the registered trademark of others

③ using the same or similar characters as the registered trademark of others as the font size of the enterprise on the same or similar goods,

④ Copying, imitating or translating a well-known trademark registered by others or its main part used as a trademark on different or dissimilar goods, misleading the public and possibly damaging the interests of the registrant of the well-known trademark

⑤ registering words identical or similar to the registered trademark of others as a domain name, and conducting e-commerce of related goods transactions through the domain name, which is easy to mislead the relevant public.

Legal basis: Article 6 of the Trademark Law of the People's Republic of China commits one of the acts listed in Article 57 of this Law that infringe on the exclusive right to use a registered trademark, and if a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a suit in a people's court or request the administrative department for industry and commerce to handle it.

when the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used for manufacturing infringing goods and forging registered trademark marks. If the illegal business amount is more than 5, yuan, a fine of less than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 5, yuan, a fine of less than 25, yuan may be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe on the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves and explain the supplier.