Current location - Trademark Inquiry Complete Network - Trademark inquiry - The difference between trademark infringement and counterfeiting
The difference between trademark infringement and counterfeiting
legal subjectivity:

belongs to. According to the provisions of China's trademark law, it is an act of trademark infringement to forge or counterfeit a trademark for production activities without the consent of the trademark registrant, and serious cases will constitute a crime. Whoever forges or manufactures another person's registered trademark logo without authorization or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party. Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed. Article 215 of the Criminal Law: The crime of illegally manufacturing or selling illegally manufactured registered trademark marks; Whoever forges or makes without authorization another person's registered trademark marks or sells forged or made without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Legal objectivity:

Article 57 of the Trademark Law commits one of the following acts; (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 commodity, or using a trademark identical to or similar to its registered trademark on similar commodities is likely to lead to confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (five) 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; (6) Deliberately providing convenience for the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark; (seven) causing other damage to the exclusive right to use a registered trademark of others.