Do you know about trademark infringement? Trademark infringement means that the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark owner. Any other act that damages the legitimate rights and interests of the trademark owner by using its registered trademark. The editor below will introduce you to the relevant legal knowledge of trademark infringement in detail. Types of Trademark Infringement

1. Types of Trademark Infringement

According to Article 57 of the Trademark Law of the People’s Republic of China, seven types of infringement of registered trademarks are provided Acts of exclusive rights:

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

(2) Without the permission of the trademark registrant; The registrant’s permission is to use a trademark that is similar to its registered trademark on the same product, or to use a trademark that is the same or similar to its registered trademark on similar products, which is likely to cause confusion;

(3) Sales infringement Products with exclusive rights to registered trademarks; what are the types of trademark infringements

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

(5) Without the consent of the trademark registrant, replace the registered trademark and put the goods with the changed trademark into the market;

(6) Intentionally provide facilities for infringement of the exclusive rights of others' trademarks, Helping others commit acts of infringement of trademark rights;

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

2. The process of identifying infringement of registered trademark rights

The process of identifying infringement of registered trademark rights has the following three basic steps:

1 , Determine the scope of exclusive rights for registered trademarks.

The scope of exclusive rights of a registered trademark is the basic basis for determining trademark infringement. All factors considered in determining whether a trademark infringement can be identified or alleged to constitute a trademark infringement revolve around the scope of exclusive rights to a registered trademark. According to the provisions of Article 56 of my country's Trademark Law, the exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use. Obviously, judging from this provision, the scope of exclusive rights to a registered trademark is limited to the approved trademark and the goods approved for use by the registered trademark. The scope is determined by two factors, one is the approved registered trademark; the other is the goods approved for use by the registered trademark. The combination of the two constitutes the scope of exclusive rights of a registered trademark, which also determines the standard for comparing trademark infringement with the object of the alleged infringement in order to draw a conclusion as to whether it constitutes infringement.

2. Determine the specific object accused of infringement.

The determination of the object of alleged infringement is determined by two factors. One is the trademark accused of infringement, and the other is the goods used in the trademark accused of infringement. The significance of determining the specific object of alleged infringement is to identify and solidify the carrier of the alleged infringement, laying a solid foundation for the next step of comparison with the scope of protection of trademark rights. It is as important as determining the scope of exclusive rights to a registered trademark and is another comparison object for determining trademark infringement.

3. Compare the alleged infringement object with the registered trademark and the goods approved to be used by the registered trademark, and determine whether the alleged infringing trademark is the same or similar to the registered trademark, and whether the alleged infringing trademark is used Whether the goods are of the same category or similar to the goods for which the registered trademark is used.

Through the three basic steps to determine infringement, especially by comparing the alleged infringement object with the registered trademark and the goods for which the registered trademark is approved, we can determine whether trademark infringement is constituted.

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A brief analysis of the causes of trademark infringement

1. The temptation of high profits. Counterfeiting international brand products can usually lead to high profits. And because of the brand effect, sales are easier. Driven by high profits, illegal activities such as infringement or counterfeiting of high-quality brand-name products are repeatedly prohibited.

2. Current policies and regulations are flawed and enforcement is insufficient.

In recent years, in order to regulate the market, although the number of policies, regulations and legislation in our country has gradually increased, there is still no complete and systematic laws and regulations to confirm the name, status, authority and system of market law enforcement and supervision and management agencies.

The lack of administrative law enforcement means makes it difficult to deter lawbreakers. As an important law enforcement department for trademark infringement, the current industrial and commercial administration system is still incompatible with strict administration according to law, the establishment of administrative rule of law, and economic development.

3. Many consumers prefer brands rather than the products themselves, which is also a hotbed for trademark infringement. The trademark is used to be recognized by customers from the beginning. Once this information is positioned, customers will only recognize the brand and not care about anything else. In fact, division of labor has occurred in society, and trademarks have begun to alienate. Some internationally renowned companies such as "PRADA" and "LANCOME" believe that it is uneconomical to set up factories, so they hand over the processing tasks to other producers. The company is trying its best to create brands and does not Be sure to market the entire market. However, some consumers only pay attention to trademarks and ignore the quality and connotation of the goods represented by trademarks, resulting in some marginal products becoming popular in the market.

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