The infringer usually has to bear the responsibility of stopping the infringement, and the actor who knows or should know that it is the infringement has to bear the responsibility of compensation. If the circumstances are serious, they shall also bear criminal responsibility.
Having the following four constitutive requirements 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 goods with counterfeit registered trademarks;
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.
infringement act
Discussion on the subject, right of action and responsibility of trademark infringement litigation
For trademark infringement stipulated in China's Trademark Law, most of its implementation rules and judicial interpretations determine the jurisdiction and subject of the case according to the content or type of trademark infringement. Article 52 of the Trademark Law stipulates that one of the following acts is committed; All belong to infringement of the exclusive right to use a registered trademark: 1. Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant; 2. Selling goods that infringe the exclusive right to use a registered trademark; 3. Forging or manufacturing others' registered trademarks without authorization or selling forged or manufactured registered trademarks without authorization; 4. Without the consent of the trademark registrant. Changing the registered trademark and putting the goods with the changed trademark on the market again. But in fact, the exclusive right to use a trademark protected by the Trademark Law is exercised by the subject; Exercising different rights forms different subjects of rights; The stipulated torts are all carried out by the subject, and the subjects who carry out different acts form different torts. Therefore; Grasping trademark infringement from the perspective of subject seems to be more conducive to understanding the relationship between subject, litigation rights and responsibilities.