It is illegal.
1. Definition and Impact of Trademark Infringement
Trademarks are important assets of enterprises and have multiple functions such as identifying the source of goods or services, distinguishing different operators, and protecting consumer rights and interests. Trademark infringement refers to the use of a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark owner, or the use of a trademark that is identical or similar to the registered trademark on the same or similar services. Behavior that may lead to confusion. This behavior not only infringes upon the legitimate rights and interests of trademark owners, but also harms the interests of consumers and disrupts market order.
2. The illegality of using one’s own trademark and products to mark other people’s trademarks
When an operator uses his own trademark on his own goods or packaging, if he also marks other brands If a trademark is marked and may cause confusion or misunderstanding among consumers, then this behavior constitutes trademark infringement. Because this behavior may mislead consumers into thinking that there is some connection or authorization relationship between the product and the marked trademark, thereby misleading consumers into making purchasing decisions. In addition, this behavior may damage the reputation and image of the marked trademark and cause economic losses to the trademark owner.
3. Measures to avoid trademark infringement
In order to avoid the risk of trademark infringement, operators should strengthen trademark awareness, understand trademark laws and regulations, and ensure that their trademark use is legal and compliant. At the same time, when designing and producing product packaging or promotional materials, you should avoid using elements that may cause confusion or misunderstanding among consumers, especially the trademarks of other brands. If it is necessary to use the trademarks of other brands for comparison or explanation, the principles of fairness, objectivity, and authenticity should be followed, and the source and explanation should be clearly marked to avoid misleading consumers.
IV. Legal Liability for Trademark Infringement
According to the provisions of the Trademark Law of the People's Republic of China, trademark infringers shall bear legal responsibilities such as cessation of infringement and compensation for losses. If the infringement constitutes a crime, criminal liability will also be pursued in accordance with the law. Therefore, operators should fully realize the seriousness of trademark infringement, consciously abide by laws and regulations, and maintain market order and fair competition.
In summary:
It is illegal to use one's own trademark and products to mark other people's trademarks, which may constitute trademark infringement, bring economic losses to the trademark owner, and harm consumers. interests and disrupt the market order. Operators should strengthen trademark awareness, understand trademark laws and regulations, avoid using elements that may cause confusion or misunderstanding among consumers, and ensure that their trademark usage is legal and compliant. At the same time, trademark infringements should be held accountable in accordance with the law to maintain market order and fair competition.
Legal basis:
"Trademark Law of the People's Republic of China"
Article 57 provides:
Yes Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;
(2) Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks;
(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;
(6) Deliberately facilitating the infringement of the exclusive rights of others’ trademarks Conditions, helping others to infringe the exclusive rights of trademarks;
(7) Causing other damage to others’ exclusive rights to registered trademarks.
"Law of the People's Republic of China and the State Against Unfair Competition"
Article 6 stipulates:
Operators shall not engage in the following confusing behaviors to attract people Mistakenly believing that it is someone else’s product or having a specific connection with someone else:
(1) Unauthorized use of the same or similar logos as others’ product names, packaging, decoration, etc. that have a certain influence;
(2) Unauthorized use of other people’s business names (including abbreviations, font sizes, etc.), social organization names (including abbreviations, etc.), and names that have certain influence;
(3) Unauthorized use of other people’s domain names that have certain influence Parts, website names, web pages, etc.;
(4) Other confusing behavior that can lead people to mistake it for someone else’s product or have a specific connection with someone else’s product.