Current location - Trademark Inquiry Complete Network - Trademark inquiry - What is the transfer standard of trademark infringement?
What is the transfer standard of trademark infringement?
The following is a description of trademark infringement transfer, hoping to help you. Using the same trademark on the same commodity without the permission of the registered trademark owner is suspected of one of the following circumstances (the transfer standard for crimes committed by units and individuals is the same): (1) The amount of illegal business is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan; (2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 30,000 yuan or an illegal income of more than 20,000 yuan; (3) Other serious circumstances. Identification of "the same commodity": A commodity with the same name and a commodity with different names but referring to the same thing can be identified as "the same commodity". "Name" refers to the name used by the Trademark Office of the State Administration for Industry and Commerce in trademark registration, usually the name of the commodity specified in the International Classification of Goods and Services for Trademark Registration. "Commodities with different names but referring to the same" refers to commodities with the same or basically the same functions, uses, main raw materials, consumers and sales channels. And it is generally regarded as the same thing by the relevant public. The identification of "similar goods" shall compare the goods approved for use by the registered trademark of the obligee with the goods actually produced and sold by the actor. In any of the following circumstances, it can be considered as "the same trademark as its registered trademark" 1) changes the font, case or text arrangement of the registered trademark, which is only slightly different from the registered trademark; (2) Changing the spacing between words, letters and numbers of a registered trademark will not affect the distinctive features of the registered trademark; (3) Changing the color of a registered trademark; 4) Other trademarks that are basically indistinguishable from registered trademarks and misleading to the public.