Brand infringement is also called trademark infringement. Trademark infringement refers to that the actor uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner from using his registered trademark and damage the legitimate rights and interests of the trademark owner. The actor sells goods that he knows or should know are counterfeit registered trademarks, and the natural person or legal person whose trademark exclusive right is infringed has the right to ask the infringer to stop the infringement, eliminate the influence and compensate for the losses in civil. Having the following constitutive requirements constitutes an infringement of selling goods with counterfeit registered trademarks:

1. Whether the trademarks are similar; Trademark approximation is mainly analyzed from the angles of sound, shape, meaning and composition of trademarks.

2. Whether the goods or services are similar; Similar goods refer to goods that are identical in functions, uses, production departments, sales channels, consumers, etc., or that are generally considered by the relevant public to be related and easily confused.

3. Is it easy to cause confusion among the relevant public?

legal basis

In calculating the legal illegal business amount of a trademark according to Article 78 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China, the following factors can be considered:

(1) the selling price of the infringing goods;

(2) the price of unsold infringing goods;

(3) The average price of the infringing goods actually sold has been ascertained;

(4) the intermediate market price of the infringed goods;

(5) the operating income generated by the infringer due to infringement;

(6) Other factors that can reasonably calculate the value of infringing goods. Article 42 of the Trademark Law of the People's Republic of China * * * Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark. Where a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities.

the trademark office will not approve the transfer that may easily lead to confusion or have other adverse effects, and notify the applicant in writing and explain the reasons. After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.