Current location - Trademark Inquiry Complete Network - Trademark registration - I am a Taobao seller. I go to the wholesale market to get a piece of clothing. I take off the hangtag and replace it with my own brand before selling it. Does this count as infringement?
I am a Taobao seller. I go to the wholesale market to get a piece of clothing. I take off the hangtag and replace it with my own brand before selling it. Does this count as infringement?

After all, replacing a trademark and putting it on the market without the permission of the owner is an act of reverse counterfeiting.

Chapter 7, Article 57 of the "Trademark Law": Changing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market shall be an infringement of the exclusive right to use the registered trademark. .

Reverse counterfeiting is an infringement of trademark exclusive rights, and trademark exclusive rights give the trademark registrant the right to use its registered trademark on its goods in accordance with the law and prohibit others from counterfeiting or replacing it. It is to ensure the combination of trademark and goods.

Whether it is the act of using a trademark that is the same as or similar to a registered trademark on the same or similar goods, or the act of taking down another person's trademark and replacing it with one's own.

They all cut off the connection between the source goods and the source trademark, cut off the bridge between producers and consumers, hindered the normal performance of trademark functions, and infringed on the exclusive rights of others to use trademarks.

Extended information

Anyone who commits any of the following acts shall infringe the exclusive right of a registered trademark:

1. Without the permission of the trademark registrant, using the same Use the same trademark as its registered trademark on the goods.

2. Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which may easily lead to confusion.

3. Selling goods that infringe the exclusive rights of registered trademarks.

4. Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks.

5. Without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put into the market.

6. Intentionally providing facilities for infringement of other people’s trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights.

7. Causing other damage to others’ exclusive rights to registered trademarks.

Baidu Encyclopedia - Trademark Reverse Counterfeiting

Baidu Encyclopedia - Trademark Law of the People's Republic of China