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How to investigate the responsibility for unlicensed trademark infringement?
Trademark infringement refers to trademark infringement, which means that the actor uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or interferes with or hinders the trademark owner from using its registered trademark, which damages the legitimate rights and interests of the trademark owner. The infringer usually bears the responsibility of stopping the infringement, and the actor who knows or should know that it is an infringement is also liable for compensation. If the circumstances are serious, they shall also bear criminal responsibility. It has the following four constitutive requirements, which constitutes the infringement of selling counterfeit registered trademark goods: 1. There must be an illegal act, that is, the actor has carried out the act of selling counterfeit registered trademark goods; 2. There must be the fact of damage, that is, the behavior of the actor selling counterfeit trademark goods has caused the damage consequences of the trademark owner. Selling goods with counterfeit registered trademarks of others will cause serious property losses to the obligee, and at the same time, it will also bring goodwill damage to the units enjoying registered trademarks. Property loss and goodwill damage are both damage facts. 3. The subjective fault of the actor refers to the fact that the actor already knows or should know that the goods sold are counterfeit registered trademarks. 4. There must be a causal relationship between the illegal behavior and the damage result, that is, there is a causal relationship between the illegal sales behavior and the damage result caused by the trademark owner.