Counterfeiting refers to the behavior that producers or operators improperly use other people's marks on their own goods or business marks in order to compete for competitive advantage, confuse their own goods or business with those operated by others, and seek illegitimate interests. Specifically, unauthorized use of registered trademarks, packaging, decoration, names or other quality marks unique to operators and well known to the public leads to confusion between consumers and the market. Americans call this kind of behavior "free riding", which makes the interests that should belong to legitimate operators get from unfair competitors, which is extremely harmful to market competition.

Counterfeiting refers to the behavior of operators who illegally use other people's registered trademarks, names, packaging and decoration, or illegally use quality marks, forge the origin, make false representations about the quality of goods, and mislead consumers.

1. The infringed objects are different.

Counterfeiting violates the order of market competition; Counterfeiting violates the order of trademark management.

2. Illegal objects are different.

The illegal object is the material undertaker of the illegal object and the social relationship embodied by the illegal object. The illegal objects of counterfeiting are the "name", "packaging" and "decoration" of well-known commodities; Fake illegal objects are registered trademarks of others.

3. The objective performance is different.

Objectively speaking, counterfeiting is a violation of the anti-unfair competition law, and unauthorized use of the name, packaging and decoration of well-known goods is the same or similar; Objectively speaking, counterfeiting is a violation of trademark management laws and regulations, counterfeiting or forging or selling other people's registered trademarks.

4. The dangerous results are different.

Counterfeiting other people's well-known goods causes confusion, making buyers mistakenly think that the well-known goods have the purpose of harming competitors; Counterfeiting is a misunderstanding of commodity signs and symbols (words and graphics), which is no different from similar commodities and has the purpose of infringing on the exclusive right of others to register trademarks.