Foreign trademarks are infringements just like domestic trademarks.

Domestic registration of well-known foreign trademarks is considered infringement. Article 13 of the Trademark Law: If a trademark applied for registration for identical or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, and is likely to cause confusion, it shall not be registered and its use shall be prohibited. Domestic registration of well-known foreign trademarks is considered infringement. If the country has signed a relevant agreement on intellectual property protection with China, or both countries are within an international intellectual property convention system, the trademarks registered in that country are also protected by our country. .

Determining infringement:

1. Illegality of the act. That is, the behavior committed by the actor violates the prohibitive and mandatory provisions of the law, including actions and omissions;

2. Facts of damage. It includes both damage to property rights and damage to non-property rights;

3. Causal relationship, that is, the objective connection between illegal behavior and damage results;

4. The subjective fault of the perpetrator is divided into intentional and negligent faults. If an actor causes damage due to wrongful infringement of the civil rights and interests of others, he shall bear tort liability.

To sum up, when infringement is discovered, most rights owners want to recover their losses. If no evidence is preserved and the infringer is contacted directly to lodge a complaint, the infringing content is likely to be removed immediately without a backup by the rights holder. In addition, network evidence has the characteristics of "immediate existence and instant destruction" and may change at any time.

Legal basis:

Article 63 of the Trademark Law of the People's Republic of China

The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the right The actual losses suffered by the person due to infringement are determined; if the actual losses are difficult to determine, they can be determined based on the benefits obtained by the infringer due to the infringement; if the losses suffered by the right holder or the benefits obtained by the infringer are difficult to determine, refer to the trademark license fee The multiple is reasonably determined. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.