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Analysis of specific content of trademark infringement

Trademark infringement means that the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes or hinders the trademark owner from using its registered trademark. , other behaviors that damage the legitimate rights and interests of the trademark owner. The specific performance content is as follows:

1. All behaviors that infringe on the rights and interests of others’ registered trademarks are trademark infringements. According to Article 52 of the Trademark Law, acts that infringe upon the exclusive right to use a registered trademark mainly include the following:

1. Use on the same or similar goods without the permission of the owner of the registered trademark Trademarks that are identical or similar to registered trademarks.

2. The act of replacing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market. This behavior is also called "reverse counterfeiting" in theory.

3. The act of selling goods that infringes upon the exclusive rights of registered trademarks. Combined with the provisions of Article 56, Paragraph 3 of the Trademark Law: If you sell goods that are not known to infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and explain the supplier. Therefore, this form Trademark infringement requires subjective knowledge by the seller.

4. The act of counterfeiting or making without authorization the registered trademark signs of others or selling the counterfeit or unauthorized made registered trademark signs. It should be noted that this infringement is a trademark infringement, including "manufacturing" and "sales".

5. Acts that cause other damage to the exclusive right to use registered trademarks of others.

2. According to Article 50 of the Trademark Law Implementation Regulations and Article 1 of the Supreme People’s Court’s Interpretation of Several Issues Concerning the Application of Law in the Trial of Civil Cases concerning Trademarks, it falls under Article 52 (5) of the Trademark Law. ) Acts that cause other damage to the exclusive right to use registered trademarks of others include:

1. Using signs that are identical or similar to others’ registered trademarks as product names or decorations on the same or similar goods Use to mislead the public;

2. Deliberately provide warehousing, transportation, mailing, concealment and other convenient conditions for infringement of the exclusive rights of registered trademarks of others;

3. Words that are identical or similar to the registered trademark are used prominently as the company's trade name or on identical or similar goods, which may easily cause misunderstanding by the relevant public;

4. Register words that are identical or similar to others' registered trademarks It is a domain name, and e-commerce activities related to commodity transactions are conducted through this domain name, which may easily cause misunderstandings among the relevant public.

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