Legal subjectivity:

1. Use infringement is the act of using an identical or similar trademark on the same or similar goods or services without the permission of the owner of the registered trademark. Use infringement is a common type of trademark infringement in practice. According to the relevant provisions of the Trademark Law, using another person's registered trademark must obtain the consent of the trademark registrant and sign a registered trademark license contract. If you use someone else's registered trademark without consent, regardless of whether you are at fault, it will constitute an infringement of the exclusive right to use the registered trademark of others. This type of infringement is also the most common among several types of infringement. In society, inseparable from use infringement is trademark dilution, which is another form of use infringement. For example, without the permission of the trademark owner, some companies or individuals use someone else's well-known trademark as a common name for a certain type of goods or services, or as a manufacturer's name or domain name, making the trademark indistinguishable from others. The common name, manufacturer name, and domain name of such goods or services will damage the distinctiveness of the trademark and cause the trademark to be diluted. The direct infringement object is the trademark, and the indirect infringement object is goodwill. 2. Sales infringement: the act of selling goods that infringe the exclusive rights of a registered trademark. Distributors are the intermediary between commodity producers and consumers and have the obligation to provide consumers with qualified commodities. If a dealer provides consumers with goods that infringe on the exclusive rights of others' registered trademarks, it is undoubtedly helping the trademark infringer achieve its goals and harming the rights and interests of the trademark registrant and consumers, so it is also defined as trademark infringement. Regarding this kind of trademark infringement, the Trademark Law before the amendment stipulated the principle of fault liability, that is, the dealer will be held liable for trademark infringement only when the dealer knew or should have known that the goods it distributed were infringing goods. If the seller is not at fault, trademark infringement will not be established. However, although this provision takes into account the interests of no-fault dealers and is conducive to the circulation of goods, it is not conducive to the protection of trademark rights and brings certain difficulties to law enforcement in practice. Because dealers generally will not admit that they are distributing infringing goods "knowingly" or "should have known", it is not easy to judge whether a dealer subjectively "knows" or "should have known". [6] The new Trademark Law has revised this and canceled the provisions of “knowingly” or “should have known”. The Trademark Law stipulates this type of behavior as trademark infringement in order to set up a legal obstacle in the circulation process to make it difficult for perpetrators of counterfeiting registered trademarks to achieve their goals and reduce the harm caused by trademark infringement to society. 3. Reverse counterfeiting infringement is the act of replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market. This type of infringement was newly added when the Trademark Law was revised. The reason why reverse counterfeiting constitutes trademark infringement is that there is an inseparable internal connection between the trademark and the goods it marks. This internal connection deepens with the expansion of trademark reputation and product reputation. The function of trademark rights is to maintain the stability and development of this relationship. Behavior that destroys this connection affects the normal function of the trademark and damages the trademark rights of others. In reverse counterfeiting, the perpetrator is not the end user of the goods. This behavior artificially separates the connection between the trademark and the goods, deprives others of the opportunity for registered trademarks to expand their reputation through further circulation, and affects consumers. The cognition of the trademark registrant causes the trademark registrant's economic interests to be unable to be fully realized, and damages the trademark owner's exclusive right to the registered trademark, which constitutes trademark infringement. 4. Other infringements: In addition to use infringement, sales infringement, and reverse counterfeiting infringement, behaviors that cause damage to the registered trademark rights of others. According to the relevant provisions of the "Regulations for the Implementation of the Trademark Law", behaviors that cause other damage to the exclusive right to use a registered trademark of others mainly refer to the following behaviors: that is, using a mark that is the same or similar to another's registered trademark on the same or similar goods. Use as a product name or product decoration to mislead the public; intentionally provide convenient conditions for warehousing, transportation, mailing, concealment, etc. to infringe the exclusive rights of others' registered trademarks.

In addition, according to the Supreme People's Court's "Interpretations on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases", the following behaviors also fall within the provisions of Article 52 (5) of the Trademark Law and other behaviors that cause other damage to the exclusive rights of others to register trademarks. : First, words that are identical or similar to others’ registered trademarks are used prominently as the company’s trade name on the same or similar goods, which may easily cause misunderstandings among the relevant public. For example, "Valentino" is a well-known brand in the world, but in China, some companies have fished in troubled waters and used various methods to confuse careless consumers. In a certain shopping mall, a brand called "Valentino" once appeared. Co., Ltd., the product trademark of this company is "Valentino", and the product also appears in a prominent position in the shopping mall in the form of a counter. Second, copying, imitating, or translating another person's registered trademark or its main part and using it as a trademark on different or dissimilar goods, misleading the public, and causing the interests of the well-known trademark registrant to be harmed. Third, registering words that are identical or similar to others’ registered trademarks as domain names, and conducting e-commerce transactions of related goods through the domain names, may easily cause misunderstandings among the relevant public. When the amount of illegal gains is large or the circumstances are serious, trademark infringement violates not only the Trademark Law and relevant civil and commercial laws, but also criminal laws, constituting the crime of counterfeiting registered trademarks, and criminal liability will be pursued in accordance with the law. [7] These include four crimes: counterfeiting registered trademarks, selling goods with counterfeit registered trademarks, illegally manufacturing registered trademark signs, and selling illegally manufactured registered trademark signs. The following examples constitute the crime of illegally manufacturing registered trademarks. When a company registers a trademark, it must ensure that the trademark is independently created by its own employees. If it infringes on the trademark rights of other companies, the citizen will undoubtedly need to pay a certain amount of "economic compensation." The judicial authority that registers a trademark also needs to carefully review it and shall not allow it to be registered if a similar trademark is discovered. Legal objectivity:

Article 57 of the Trademark Law: Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark: (1) Using the same product on the same product without the permission of the trademark registrant Using a trademark that is the same as its registered trademark; (2) Using a trademark that is similar to its registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to its registered trademark on similar products, which may easily lead to Confusing; (3) Selling goods that infringe the exclusive rights of registered trademarks; (4) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks; (5) Replacing trademarks without the consent of the trademark registrant Registers a trademark and puts the goods with the replaced trademark into the market; (6) Deliberately provides facilities for infringement of the exclusive rights of others' trademarks and helps others to infringe the exclusive rights of trademarks; (7) Grants the exclusive right of registered trademarks to others causing other damage.