Infringe on others' trademark rights
Which of the following behaviors of actor A belongs to infringement of trademark rights of others? A without the permission of the obligee, Party A highlights the use of unregistered non-well-known trademarks of others on similar goods produced by its enterprise; B. In the network addressing service, if the Chinese keyword is the registered trademark of the obligee, Party A will register the keyword and set up the corresponding website without the permission of the obligee; 3. Party A highlights the use of non-well-known trademarks registered by others in different categories of goods; D. Party A's application for another person's unregistered trademark as a registered trademark without the permission of the trademark owner will constitute trademark infringement: 1. Without the permission of the trademark registrant, using the same or similar trademark on the same or similar goods may cause confusion. This kind of behavior is the most common trademark infringement. It mainly includes four acts: first, using the same trademark as the registered trademark of others on the same commodity; The second is to use the same trademark as the registered trademark of others on the same commodity; The third is to use the same trademark as the registered trademark of others on similar goods; The fourth is to use trademarks similar to others' registered trademarks on similar goods. It should be noted that "use" here is a broad concept, including the use of trademarks in commodities, commodity packaging or containers and commodity transaction documents, or the use of trademarks in advertising, e-commerce, exhibitions and other business activities. Commercial documents such as sales invoices and contracts are an important part of commodity trading activities, and the use of trademarks in these commercial documents should be regarded as the use of trademarks. At the same time, the "use" at this time should be limited to commercial use, excluding the use of trademarks by the parties in public welfare activities such as education and scientific research. 2. Selling goods that infringe the registered trademark right. Because enterprises that intentionally infringe and counterfeit trademarks are often hidden, selling trademark infringing goods has become our easiest and most common trademark infringement. Trademark infringement against sellers is very common, because infringing goods have to go through the sales process, so that infringers can make illegal profits, consumers will be mistaken and confused, and the rights and interests of trademark registrants will be damaged. 3. Forge or make without authorization a trademark logo identical or similar to the registered trademark logo of others, or sell a forged or made without authorization logo identical or similar to the registered trademark logo of others. Trademark logo is the carrier of trademark and the material manifestation of trademark. Some people compare the manufacture and sale of forged or unauthorized trademarks of others to the source of trademark infringement and counterfeiting. Therefore, China's trademark law explicitly prohibits trademark infringement and other acts, which fundamentally prevents trademark infringement and counterfeiting. Moreover, China's Criminal Law defines the act of forging or manufacturing another person's registered trademark logo or selling a forged or manufactured registered trademark logo as a criminal act that can be investigated for criminal responsibility, which shows that this kind of behavior is very severe. 4, without the consent of the trademark registrant, change its registered trademark and put the goods with the changed trademark on the market again; This regulation is reverse counterfeiting, which specifically refers to the act of eliminating, changing or replacing trademarks legally attached to commodities by others in commodity sales activities, and pretending to be their own commodities for display or sales. Generally speaking, this practice is that the operators in the market monopoly position stifle new potential competitors, so that their trademarks can never establish contact with consumers and form unfair competition in their own independent sales market. In foreign countries, the anti-unfair competition law is generally adopted for adjustment. Because this kind of behavior is unfair competition by using trademarks, China uses trademark law to adjust it. 5. On the same or similar goods, use the goods with the same or similar registered trademarks as the names or decorations of the goods, misleading the public; 6. Deliberately providing convenient conditions such as storage, transportation, mailing, concealment, processing, production tools, production technology or business premises for infringing upon the trademark rights of others; 7. Using the same or similar words as other people's registered trademarks as the company name on the same or similar goods, or using them in other ways to highlight its identification function, which is easy to mislead the relevant public; The premise of trademark infringement is that there is a trademark application first, and then there is enterprise registration, which is often a hitchhiking behavior for enterprises to take advantage of other people's trademark popularity. These enterprises use other people's registered trademarks as enterprise names, misleading consumers and infringing the trademark rights of trademark owners. 8. Copying, imitating or translating a well-known trademark registered by others or its main parts used as trademarks on different or similar goods, misleading the public and possibly damaging the interests of the registrant of the well-known trademark. 9. It is easy to mislead the relevant public by registering words that are the same as or similar to others' registered trademarks as domain names and conducting e-commerce or commodity transactions of related commodities through this domain name. There are two main types of trademark infringement: one is to register other people's well-known trademarks as domain names for commercial purposes; Second, registering or using domain names that are the same as or similar to others' registered trademarks for commercial purposes, deliberately causing confusion with products and services provided by others and misleading network users to visit their websites or other online websites. 10, causing other damage to the exclusive right to use a registered trademark of others.