Commercial confusion refers to the behavior of operators who improperly take advantage of the business reputation or product reputation of others to confuse their own products with those of others, causing or sufficient to cause buyers to misunderstand or purchase by mistake. . So what are the commercial mixed behaviors? Let’s introduce the relevant content to you below.
1. Specific manifestations of commercial confusion 1. The act of counterfeiting someone else’s registered trademark 2. The act of counterfeiting the unique name, packaging, and decoration of a well-known trademark 3. The act of using another person’s business name or name without authorization
2. Commercial mixing is usually manifested in the following forms:
1. Article 5(1)(2) of the Anti-Unfair Competition Law lists two types of mixing of goods. Such acts include, first, the act of counterfeiting someone else’s registered trademark, and second, the unauthorized use of the unique name, packaging, and decoration of well-known goods, or the use of similar names, packaging, and decoration for well-known goods, causing confusion with other people’s well-known goods, causing buyers to misunderstand. Behavior that is considered a well-known commodity.
2. Confusing product quality This behavior refers to forging or falsely using quality marks such as certification marks and famous quality marks on goods, forging the place of origin, and making misleading false representations of the quality of the goods.
3. Confusion of business entities This type of behavior refers to the behavior of operators using other people’s business names or names without authorization, causing people to mistakenly think that they are other people’s goods.
4. Other forms of confusion As social relations become increasingly complex, various improper behaviors have emerged. Recently, scholars have paid more attention to the confusion of business names and trademarks, and the confusion of subjects in e-commerce. Behavior, confusion of domain names and trademarks, etc. Confounding behavior is extremely harmful to society and is an unfair competition behavior that is generally prohibited in all countries. Therefore, it is of great significance to legally define it scientifically (teaching cases, test papers, courseware, lesson plans) and regulate the improper behavior of market entities in order to maintain the legitimate market order. What are the relevant contents of commercial mixed behaviors? Commercial confusion usually includes counterfeiting registered trademarks, counterfeiting deadly trademark names and packaging, and using other people's business names or names without authorization. When purchasing goods or making various purchases, everyone must carefully understand the characteristics and appearance of the company's trademark, and do not be deceived by similar inferior products or companies and cause losses to your own interests.