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What are the consequences of using someone else’s brand?

Using a registered trademark without the consent of the trademark owner is a trademark infringement and will result in compensation for the trademark owner's losses and administrative penalties.

Supplementary information:

1. Liability for trademark infringement

The act of bearing compensation is subject to liability for compensation. The infringer usually has to bear the responsibility to stop the infringement. Liability, the perpetrator who knew or should have known that the infringement was infringement is also liable for compensation. If the circumstances are serious, criminal liability will also be borne. China’s Criminal Law has provisions specifically targeting intellectual property crimes.

2. Four elements of trademark infringement

If the following four elements are met, it constitutes an infringement of selling goods with counterfeit registered trademarks:

1 . There must be illegal behavior, which means that the perpetrator has sold counterfeit registered trademark goods;

2. There must be a fact of damage, which means that the perpetrator's behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.

3. The offender is subjectively at fault, which means that the offender already knew or should have known that the goods sold were goods with counterfeit registered trademarks.

4. There must be a causal relationship between the illegal act and the damage, which means that there is a causal relationship between the illegal actor's sales behavior and the damage caused to the trademark owner.

Legal Basis

Trademark Law

Article 57 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:

(1) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;

(2) Using the same trademark on the same kind of goods without the permission of the trademark registrant Using a trademark that is similar to its registered trademark on goods, or using a trademark that is the same or similar to its registered trademark on similar goods, which may easily lead to confusion;

(3) Selling goods that infringe the exclusive right to use a registered trademark;

(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Changing the registration of the trademark without the consent of the trademark registrant Trademark and put the goods with the replaced trademark into the market;

(6) Intentionally providing facilities for infringement of other people’s trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights;

< p>(7) Causing other damage to the exclusive right to use registered trademarks of others.