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Do you know anything about trademark confusion? [20 15 Latest Trademark Information]
Analysis of several confusing behaviors of trademarks: Article 5 of the Anti-Unfair Competition Law stipulates that business operators shall not engage in market transactions by the following improper means, thus harming competitors. (a) counterfeiting the registered trademark of others; (2) Using the unique name, packaging and decoration of a well-known commodity without authorization, or using the name, packaging and decoration similar to that of a well-known commodity, resulting in confusion with other people's well-known commodities, so that the buyer mistakenly thinks it is the well-known commodity; (three) unauthorized use of another person's enterprise name or font size, so that people mistakenly believe that it is another person's goods; (4) Forging or fraudulently using quality marks such as certification marks and brand-name marks on commodities, forging the place of origin, and making misleading false representations about the quality of commodities. Deceptive trading behavior, also known as counterfeiting or confusing behavior, refers to the behavior that operators promote their own goods or services in a false way or means in their business activities, which harms the interests of other operators and consumers. 1. Counterfeiting the registered trademark of others. Counterfeiting another person's registered trademark refers to the act of using its registered trademark without the permission of the trademark owner, which not only infringes on the trademark exclusive right of the trademark owner, but also constitutes unfair competition. Constitute the concurrence of tort and unfair competition. 2. Confuse with well-known commodities. ? Famous products? Refers to the goods that have a certain popularity in the market and are known to the relevant public within a certain range. This is a market judgment, need and? A well-known trademark? Distinguish, well-known goods have no registered trademarks or well-known trademarks as the basis for identification. 3. Unauthorized use of other people's enterprise names or names, making people mistakenly think that they are other people's goods. 4. Forgery and fraudulent use of quality marks and places of origin. This behavior is also called. False statement? . (1) Quality marks include product quality certification marks and brand-name marks. (Famous and excellent marks include gold medal honor mark, silver medal honor mark,? Excellent? There are three kinds of characters. (2) The name of origin is a descriptive mark indicating that the product originated in a certain country or region. 5. Operators who are legally responsible for counterfeiting registered trademarks of others, using the enterprise names of others without authorization, forging or fraudulently using quality marks such as certification marks and brand-name marks, forging places of origin, and making misleading false representations about the quality of goods shall be punished in accordance with the provisions of the Trademark Law of People's Republic of China (PRC) and the Product Quality Law of People's Republic of China (PRC). Where an operator uses the unique name, packaging and decoration of a well-known commodity without authorization, or uses a name, packaging and decoration similar to that of a well-known commodity, causing confusion with other people's well-known commodities, so that the buyer mistakenly thinks that it is the well-known commodity, the supervision and inspection department shall order it to stop the illegal act, confiscate the illegal income, and may impose a fine of more than 3 times the illegal income/kloc-0 according to the circumstances; If the circumstances are serious, the business license may be revoked; If selling fake and inferior commodities constitutes a crime, criminal responsibility shall be investigated according to law.