1. Use the same trademark as someone else’s registered trademark on the same kind of goods.

2. Use a trademark that is similar to someone else’s registered trademark on the same product.

3. Use the same trademark as someone else’s registered trademark on similar goods.

4. Use a trademark that is similar to someone else’s registered trademark on similar goods.

How to identify the crime of counterfeiting registered trademarks

1. Subject requirements

The criminal subject of this crime is a general subject, that is, any enterprise, institution or individual registers by pretending to be someone else Trademark, if the circumstances meet the criminal standards, it shall constitute this crime.

2. Subjective aspect

The subjective aspect of this crime is intentional and for profit. Negligence does not constitute this crime.

3. Object Requirements

The object infringed by this crime is the legitimate exclusive right to register a trademark of others and the national trademark management order.

4. Objective aspect

The objective aspect of this crime is that the perpetrator committed trademark counterfeiting prohibited by the criminal law, and the circumstances were serious.

Counterfeiting of registered trademarks includes the following behaviors:

(1) Using the same trademark as the registered trademark on the same product without the permission of the owner of the registered trademark;< /p>

(2) Knowingly selling goods with counterfeit registered trademarks;

(3) Counterfeiting or making without authorization the registered trademark signs of others or selling counterfeit or making without authorization the registered trademark signs of others .

Counterfeiting behavior is different from counterfeiting behavior. Counterfeiters generally have their own business names, registered trademarks or other logos, but they do not have the qualifications or ability to operate the counterfeited products or services. In order to achieve sales or obtain relatively high profits, they try to blur or conceal their true logo as much as possible, and exaggerate and highlight the logo of the counterfeited goods or services to achieve the purpose of confusion. In modern economic life, counterfeiting takes many forms, and with the development of economic life and production technology, counterfeiting is constantly changing. According to the specific provisions of the legislation of various countries and my country's "Anti-Unfair Competition Law", the manifestations of counterfeiting can be summarized into the following four forms:

(1) The act of counterfeiting other people's legal external marks; that is, counterfeiting other people's legal external marks; External marking behavior refers to the unauthorized use of other operators’ legal external markings protected by national laws without any authorization.

(2) Improper use of other people’s legitimate external logos;

(3) Improper use of other people’s unregistered external logos, causing market confusion

(4) The act of counterfeiting the quality mark and origin of other people’s products and causing misunderstanding.

Legal basis:

Trademark Law

Article 57 Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark:

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(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Using the same trademark on the same product without the permission of the trademark registrant Using a trademark that is similar to its registered trademark on a certain product, or using a trademark that is the same or similar to its registered trademark on similar products, which is likely to cause confusion;

(3) Selling products that infringe the exclusive right to use a registered trademark ;

(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Replacing other trademarks without the consent of the trademark registrant Registering a trademark and putting the goods with the replaced trademark into the market;

(6) Intentionally providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

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