What are the forms of trademark infringement? The specific determination of trademark infringement should be based on the provisions of the Trademark Law. As long as the perpetrator commits an act that infringes upon the exclusive right to use a registered trademark as stipulated in the Trademark Law, he should bear the corresponding liability. Legal liability. This is stipulated in Article 38 of my country’s Trademark Law and Article 41 of the Implementing Rules of the Trademark Law. According to these regulations. There are eight types of trademark infringement: 1. Using the same registered trademark on the same product. Using the same registered trademark on the same product without the permission of the registered trademark owner is an obvious trademark infringement. If the perpetrator is subjectively intentional, it constitutes trademark counterfeiting. Counterfeiting is a serious infringement and is extremely destructive. Counterfeiting steals the reputation of others' trademarks and seeks unfair commercial interests, thereby destroying the reputation of others' trademarks due to the shoddy quality of their own products, and at the same time deceiving consumers. The so-called "same product" is judged based on the raw materials, shape, functional uses and other factors of the product as well as habits. It generally refers to products with the same name, or products with the same name but the same product. However, some products, such as radios, tape recorders, and speakers, have different uses and structures, but they are the same product in terms of the concept of combined speakers. Therefore, the concept of the same commodity does not refer to exactly the same commodity. The so-called "identical trademarks" generally refer to word trademarks with the same name, graphic trademarks with the same graphics, and combination trademarks with the same name and graphics: In addition to absolutely identical words, graphics, and combination trademarks, the following situations should also be regarded as identical trademarks: such as names Because one of the trademarks of "Friendship" is represented by a figure of two hands clasping together, and the other is represented by two circles. Another example is that although the names of two trademarks are different, one is "torch" and the other is "bright", they are both represented by a torch graphic. Although some trademarks have different pronunciations, they should be regarded as the same trademark, such as "Chaoyang CHAOYANG" and "Chaoyang ZHAOYANG". Although trademarks with combinations of numbers use different words or different arrangements, such as "三五" and "555", and some word trademarks are in reverse order, such as "workers and farmers" and "agricultural workers", they should be regarded as the same trademark. 2. Using the same trademark as the registered trademark on similar goods. Using the same trademark as the registered trademark on similar goods without the permission of the registered trademark owner is a trademark infringement. The so-called "similar goods" refer to two or more goods that have certain similarities due to factors such as the use of raw materials, production methods, product uses, appearance, sales locations, etc. If they use the same or similar trademarks, they will It will be difficult to distinguish between different producers, causing consumers to be confused about the source of the goods and mistakenly purchase them. These goods are similar goods. For example, the Shanghai toothpaste factory has a registered trademark "Baiyu" used on toothpaste, and the manufacturer of toothpowder also uses the "Baiyu" trademark, which is a trademark infringement. 3. Use of a trademark similar to a registered trademark on the same kind of goods. Using a trademark similar to the registered trademark on the same kind of goods without the permission of the registered trademark owner constitutes trademark infringement. This kind of use is generally based on causing consumer misunderstanding as the criterion for determining whether it constitutes infringement. Whether a trademark is similar or not can be judged mainly from appearance, pronunciation, and meaning. A trademark is similar if it has one of the following: 1) A graphic trademark or combination trademark with similar graphics; 2) A trademark with the same name although the graphics are not similar; 3) A trademark composed of letters with similar spelling or the same pronunciation ; 4) Trademarks using Chinese characters with the same pronunciation of names used on goods; 5) Trademark names that have extremely similar meanings; 6) Trademarks that are very similar in design and color or overall look and feel. Similar appearance means that the names, graphics or combinations of trademarks are similar in appearance and difficult to distinguish. For example, although the names of "Five Rings" and "Lianlian" are different, the graphics are connected by five circles. The pronunciation is similar, such as "TDK" and "TTK" used on tapes, and "Tiancheng" and "天城", which have the same pronunciation but different words. Similar meanings refer to similar meanings represented by text and graphics, such as "white rabbit" and "little white rabbit", "double happiness" and "double happiness".

4. Use a trademark similar to the registered trademark on similar goods. Using a trademark that is similar to the registered trademark on similar goods without the permission of the registered trademark owner is an act that causes consumers to misunderstand, and is also an infringement prohibited by law. The determination of sub-category behavior is more complicated. Only when it is determined that the goods and trademarks are similar can it constitute trademark infringement. 5. The act of producing or selling other people’s registered trademark signs without authorization is a trademark infringement act. Such acts include: 1. Producing or selling other people’s registered trademark signs without authorization or authorization from the trademark registrant. 2. The manufacturer exceeds the authorization authority of the trademark registrant and arbitrarily manufactures such trademarks; 3. Sales of trademarks, including the sale of damaged, inferior, waste, and old registered trademarks that can be used as trademarks. The manufacture and sale of registered trademarks can be a single act or a series of acts, which all constitute trademark infringement. This kind of behavior is a necessary preparation stage for counterfeiting trademarks and is very harmful. Those whose conduct is serious shall be held criminally responsible for the crime of counterfeiting trademarks according to regulations. 6. The act of distributing infringing products. If a trademark infringer wants to achieve his goal of making huge profits, he must sell the infringing products through legal or illegal channels. In order to effectively safeguard the legitimate interests of trademark owners, the law also stipulates the distribution of infringing products (not only the sale of goods that are knowingly counterfeit registered trademarks) as infringement, and sets up a legal barrier in the commercial circulation link to inhibit infringement. further development. It is worth noting that my country’s Trademark Law does not exempt those who sell products “without knowing they are infringing products” from liability, but only emphasizes that “knowingly” must constitute infringement. 7. On the same or similar goods, use words and graphics that are identical or similar to others’ registered trademarks as trade names. 8. If you continue to use the same words and graphics as someone else’s registered trademark on the same type of goods as product decoration, which is enough to cause misunderstanding, it also constitutes infringement. The key to identifying this type of behavior is to determine whether the behavior of the party "is likely to cause misunderstanding." This kind of misunderstanding not only refers to consumers' misunderstanding of the source of the goods, but also includes misunderstandings between consumers and the trademark registrant that have some special relationship. Generally speaking, if the same words or graphics as someone else’s registered trademark are used as product decoration or product name on the same type of goods, it can be deemed to be “sufficient to cause misunderstanding.” The remaining concentration situations should be determined based on specific analysis based on the popularity of the registered trademark used, the specific commodity transaction process and consumer shopping habits. The law stipulates that this kind of behavior is an infringement and prohibits it, aiming to prevent the risk of registered trademarks losing their distinctiveness and turning into generic names of goods. 9. Acts that intentionally provide facilities for infringement. Intentionally infringing the exclusive rights of another person's registered trademark to provide convenience for warehousing, transportation, mailing, etc., is also a trademark infringement act. Trademark infringement is undoubtedly an infringement of the legitimate interests of the trademark owner and often causes great losses to the trademark owner. As my country's protection of registered trademarks increases, in fact, as a trademark owner, you should also improve your awareness in this regard, so that you can better protect your registered trademarks from being infringed by others, and also avoid yourself to a certain extent. Interests are unnecessarily harmed.