1. Is trademark infringement a sale of fake goods according to the regulations? Trademark infringement is not necessarily selling fake goods, and the criteria for trademark infringement are: (1) using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity, or using a trademark identical to or similar to its registered trademark on similar commodities is likely to lead to confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (6) Deliberately providing convenience for the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark; (seven) causing other damage to the exclusive right to use a registered trademark of others.
second, what are the litigation procedures of trademark infringement disputes? 1. The plaintiff sued. 2. The court will serve a copy of the indictment on the defendant after accepting it. 3. The defendant submits the defense within fifteen days, and the court will serve a copy of the defense to the plaintiff within five days. If the defendant fails to submit the defense, it will not affect the trial. 4. The court shall notify the parties and make an announcement three days before deciding to open a court session. 5. The court investigation stage includes: statements by the parties; Inform witnesses of their rights and obligations, witness to testify, and read out the testimony of witnesses who did not appear in court; Produce documentary evidence, physical evidence and audio-visual materials; Read the appraisal conclusion; Read the record of the inquest. 6. The court debate includes: the plaintiff and his agent ad litem speak; Defendant and his agent ad litem reply; The third person and his agent ad litem speak or reply; Debate with each other. At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party. 7. At the end of the court debate, a judgment shall be made according to law. If mediation can be conducted before the judgment, mediation can also be conducted. If mediation fails, the judgment shall be made in time. 8. Judgment announcement.
third, how to determine the compensation standard for trademark infringement? 1. The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the benefit of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined at least one time but not more than five times the amount determined according to the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement. 2. In order to determine the amount of compensation, the people's court may order the infringer to provide the books and materials related to the infringement when the obligee has tried his best to provide evidence and the books and materials related to the infringement are mainly in the hands of the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided. 3. If it is difficult to determine the actual losses suffered by the obligee due to infringement, the benefits gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 5 million yuan according to the circumstances of the infringement. To sum up, the law does not stipulate that selling fake goods must constitute trademark infringement. For trademark registrants, if they sell fake and shoddy products after obtaining a registered trademark, although there is no trademark infringement, it is also illegal to sell fake and shoddy products, and if the circumstances are serious, they will be sentenced.