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How to count trademark plagiarism?

Trademark infringement refers to: the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner; or otherwise interferes with or hinders the trademark owner from using its registered trademark, causing harm to the trademark owner. Other actions for the legitimate rights and interests of the trademark owner.

The perpetrator sells goods that he knows or should have known are counterfeit registered trademarks. The natural person or legal person whose exclusive right to use the trademark has been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses.

Article 52 of the Trademark Law stipulates that any of the following acts is an infringement of the exclusive right to register a trademark:

1. Without the permission of the trademark registrant, using the same product or product on Using a trademark that is the same as or similar to its registered trademark on similar goods;

2. Selling goods that infringe the exclusive rights of a registered trademark;

3. Counterfeiting or unauthorized manufacturing of other people’s registered trademarks Marking or selling counterfeit or unauthorized registered trademarks;

4. Without the consent of the trademark registrant. Change its registered trademark and put the goods with the changed trademark back on the market.

Extended information:

Trademark squatting

The meaning of the term trademark squatting has gone through two stages of development. The objects of trademark squatting in the first stage are basically limited to unregistered trademarks.

At this stage, the connotation of trademark squatting has been further expanded. The act of applying for registration of someone else's trademark or well-known trademark on non-similar goods or services is also a squatting registration.

Furthermore, the act of applying for registration of other people’s innovative designs, design patents, company names and trade names, copyrights and other prior rights as trademarks should also be regarded as trademark squatting. Trademark squatting can be divided into a narrow sense and a broad sense. Trademark squatting in the narrow sense refers to the competitive behavior of registering a trademark before the original trademark owner to obtain economic benefits.

Baidu Encyclopedia—Trademark Infringement