1. The actor carried out the act of selling goods with counterfeit registered trademarks.
2. The behavior of selling counterfeit trademark goods by the actor has caused damage to the trademark owner. The consequences of this damage include both property loss and honor loss.
3. The actor who fakes a registered trademark is subjectively at fault, that is to say, the actor already knows or should know the fact that the goods he sells are counterfeit registered trademark goods.
4. There is a causal relationship between the perpetrator's illegal behavior and the damage consequences. Specifically, acts of counterfeiting registered trademarks include the following acts:
(1) Use the same trademark as its registered trademark on the same commodity without the permission of the registered trademark owner;
(2) selling goods that are knowingly counterfeit registered trademarks;
(3) Counterfeiting the registered trademark of another person or selling goods with the registered trademark of another person. If the circumstances of counterfeiting another person's registered trademark are serious, which constitutes a crime, the criminal responsibility of the relevant personnel shall be investigated.
According to Article 61 of the Trademark Law, the administrative department for industry and commerce has the right to investigate and deal with violations of the exclusive right to use a registered trademark. Suspected of committing a crime, it shall be promptly transferred to judicial organs for legal treatment.
If your enterprise needs trademark registration and rights protection, please contact the senior trademark consultant of Enterprise Knowledge Platform for detailed consultation.