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Infringement of Article 57 of the Trademark Law

It refers to using a trademark that is the same as its registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is similar to its registered trademark on the same product without the permission of the trademark registrant. trademark, or the use of a trademark that is identical or similar to its registered trademark on similar goods, which may easily lead to confusion. In addition, it also includes counterfeiting or unauthorized manufacturing of other people's registered trademarks or selling counterfeit or unauthorized registered trademarks, replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market.

1. Overview of infringements in Article 57 of the Trademark Law

Article 57 of the Trademark Law clearly stipulates the types of infringement of trademark rights, which mainly include the unauthorized use of identical or similar trademarks, Counterfeiting or making unauthorized trademark logos, and changing trademarks without consent. These behaviors not only harm the legitimate rights and interests of trademark registrants, but also disrupt market order and mislead consumers.

2. Analysis of specific infringements

1. Use of identical or similar trademarks without permission: This behavior directly infringes upon the exclusive right of use of the trademark registrant, making consumers unable to purchase There may be confusion when purchasing infringing products, and you may mistakenly purchase infringing products as genuine products.

2. Forgery or unauthorized manufacture of trademark logos: This behavior not only infringes upon the trademark rights of the trademark registrant, but may also involve the criminal act of producing and selling counterfeit and shoddy goods, posing a threat to the personal and property safety of consumers. threaten.

3. Changing trademarks without consent: This behavior violates the trademark registrant’s right to product integrity. It may also cause consumers to doubt the true source of the product and damage the brand image.

3. Legal consequences of infringement

According to the provisions of the Trademark Law and related laws and regulations, infringement of trademark rights will bear corresponding legal liabilities, including civil compensation, administrative penalties and even criminal responsibility. The trademark registrant has the right to require the infringer to stop the infringement, compensate for losses, and can report to the relevant departments for investigation and punishment.

In summary:

Article 57 of the Trademark Law covers infringements such as using the same or similar trademarks without permission, counterfeiting or making unauthorized trademark logos, and changing trademarks without consent. A variety of behaviors. These behaviors not only infringe upon the legitimate rights and interests of trademark registrants, but also disrupt market order and mislead consumers. Therefore, we should strictly abide by the provisions of the trademark law, respect the trademark rights of others, and jointly maintain market order and consumer rights.

Legal basis:

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

Article 57 stipulates:

Yes Any of the following acts is an infringement of the exclusive right to use a registered trademark:

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

(2) Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;

(6) Deliberately facilitating the infringement of the exclusive rights of others’ trademarks Conditions, helping others to infringe the exclusive rights of trademarks;

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