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Do you know about trademark confusion? 2015 Latest Trademark Information

Analysis on several confusing behaviors regarding trademarks: Article 5 of the Anti-Unfair Competition Law: Operators shall not use the following unfair means to engage in market transactions and harm competitors. (1) Counterfeiting other people’s registered trademarks; (2) Using the unique name, packaging, and decoration of well-known goods without authorization, or using names, packaging, and decoration similar to those of well-known goods, causing confusion with other people’s well-known goods and misleading buyers. Believing it to be the well-known product; (3) Using other people’s business names or names without authorization, leading people to mistakenly think that they are other people’s products; (4) Forging or falsely using quality marks such as certification marks, famous and high-quality marks on the goods, forging the place of origin, and Make misleading false representations about product quality. Deceptive trading behavior, also known as counterfeiting or confusing behavior, refers to the behavior of operators using false ways or means to promote their own goods or services in their business activities, harming the interests of other operators and consumers. 1. Counterfeit other people’s registered trademarks. Counterfeiting someone else's registered trademark refers to the act of using the registered trademark without the permission of the trademark owner. It not only infringes the trademark owner's exclusive right to use the trademark, but also constitutes unfair competition. constitutes infringement and unfair competition. 2. Behavior of confusing with well-known products. "Well-known products" refer to products that have a certain reputation in the market and are known to the relevant public within a certain range. This is a market judgment and needs to be distinguished from "well-known trademarks". Well-known products are not based on having registered trademarks or well-known trademarks. 3. Use other people’s business names or names without authorization, causing others to mistakenly think that they are other people’s products. 4. The act of forging or impersonating quality marks and origins. This behavior is also known as "false representation". (1) Quality marks include product quality certification marks and famous quality marks. (There are three types of famous and excellent marks: gold medal honor mark, silver medal honor mark, and "excellent" mark) (2) The name of origin is an explanatory mark indicating that a certain product originates from a certain country or region. 5. If a legally responsible operator counterfeits someone else's registered trademark, uses someone else's business name or name without authorization, forges or impersonates quality marks such as certification marks or famous quality marks, falsifies the place of origin, or makes misleading false representations about the quality of the goods, he shall be punished in accordance with The penalties are stipulated in the Trademark Law of the People's Republic of China and the Product Quality Law of the People's Republic of China. If an operator uses the unique name, packaging, or decoration of a well-known commodity without authorization, or uses a name, packaging, or decoration similar to that of a well-known commodity, causing confusion with other people's well-known commodities and causing buyers to mistake them for the well-known commodities, the supervision and inspection department shall The illegal conduct shall be ordered to cease, the illegal gains shall be confiscated, and a fine of not less than 1 time but not more than 3 times of the illegal gains may be imposed depending on the circumstances; if the circumstances are serious, the business license may be revoked; if the sale of counterfeit and shoddy goods constitutes a crime, criminal liability shall be pursued in accordance with the law.