1. It is determined that the act of using goods is actually selling goods. The act of using products that infringe trademark rights refers to the act of users obtaining infringing goods through purchase or other means and using the goods for their own needs. .

In practice, it is necessary to distinguish between the behavior of using products and the behavior of processing and contracting. In the processing and contracting activities of contracting work and materials, the contractor uses self-purchased goods that infringe trademark rights in construction activities. On the surface, it is an act of using infringing goods, but in essence, the contractor resells the infringing products to The price paid by the customer includes the cost of purchasing the infringing goods. The end user who uses the infringing goods is not the contractor, but the orderer. Therefore, the contractor's use of goods that infringe trademark rights for the needs of the orderer in its business activities should be an act of sales, not an act of using infringing goods.

Article 25 of the "Trademark Infringement Judgment Standards" issued by the State Intellectual Property Office stipulates: "In the processing and contracting business activities of contracting work and materials, the contractor uses goods that infringe the exclusive rights of registered trademarks. , is a trademark infringement act stipulated in Article 57, Paragraph 3 of the Trademark Law (author’s note: the act of selling goods that infringes upon the exclusive right to use a registered trademark). "There are also similar cases in administrative law enforcement practice.

For example, in the "Taishan" case, the party purchased gypsum boards counterfeiting the "Taishan" registered trademark from a party outside the case, intending to use them in the decoration project of a hotel management company in Weihai that it contracted. The administrative agency believed that this behavior violated the provisions of Article 52 (2) of the Trademark Law and constituted an infringement of the exclusive rights of others to register trademarks. It ordered the parties to immediately stop the infringement, decided to confiscate the infringing products and impose a fine. The law enforcer further explained that the so-called "for own use" of the parties in this case is a disguised sales, which is different from the pure consumption use of the end user of the product, and should be characterized in accordance with the relevant product sales behavior in the Trademark Law.

2. The use of goods that infringe trademark rights may be converted into use of trademarks

Users’ use of goods that infringe trademark rights does not constitute infringement in principle, but in some special circumstances it is worthwhile Explore.

For example, there is a store on the e-commerce platform that sells rider uniforms with the trademark "Meituan Waimai" on it without permission. A company engaged in food delivery services purchased the clothing for use by its riders. .

Although this kind of situation also belongs to the use of goods that infringe trademark rights, because the use of products may cause consumers to mistakenly think that the company providing takeout services is Meituan, this use of products There is no substantial difference from the use of the "Meituan Waimai" trademark. This use of goods has been transformed into trademark use, constituting trademark infringement.

Therefore, if an operator uses goods that infringe trademark rights when providing services, causing consumers to be confused about the entity providing the service, then the use of goods should be converted into the use of trademarks, and it can no longer be simply Determination is based on the behavior of using the product.