Q: When my company sells products, it gives away some products with the trademarks of other companies to its customers. Does my company cause infringement?
Answer: Juntong Legal Online Consulting will give you the answer
Article 52 of the "Trademark Law of the People's Republic of China" stipulates five types of infringement of the exclusive right to register a trademark :
1. Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant. This article can be further divided into four forms of trademark infringement:
a. The trademark accused of infringement is the same as the registered trademark, and the goods used by the accused trademark infringing are also the goods approved for use by the registered trademark. Same kind.
b. The trademark accused of infringement is the same as the registered trademark, and the goods used by the accused trademark infringed are similar to the goods approved for use by the registered trademark.
c. The trademark accused of infringement is similar to the registered trademark, and the trademark used by the accused trademark belongs to the same category as the goods approved for use by the registered trademark.
d. The trademark accused of infringement is similar to the registered trademark, and the goods used in the accused trademark are similar to the goods approved for use by the registered trademark.
2. Selling goods that infringe the exclusive rights of registered trademarks;
3. Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks;
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4. Without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put into the market. This behavior is also called "reverse counterfeiting."
5. Causing other damage to the exclusive right to use registered trademarks of others. Article 1 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" stipulates: The following acts are acts that cause other damage to others' exclusive rights to register trademarks as stipulated in Article 52 (5) of the Trademark Law :
(1) Using words that are identical or similar to others’ registered trademarks as the company’s trade name and prominently use them on the same or similar goods, which may easily cause misunderstandings among the relevant public;
(2) Copying, imitating, or translating a well-known trademark registered by others or using its main part as a trademark on different or dissimilar goods, misleading the public, causing the interests of the registrant of the well-known trademark to be potentially damaged;
(3) Registering words that are the same as or similar to others’ registered trademarks as domain names, and conducting e-commerce transactions of related goods through the domain names, which may easily cause misunderstandings among the relevant public.