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How to identify trademark reverse counterfeiting

Legal analysis: (1) As for the subject of behavior, the subject is only related to the producer of the same kind of products produced and manufactured by the reverse counterfeiter, not including the seller of such goods. The act of a seller buying goods produced by others, replacing other people's trademarks with his own sales trademarks and then putting the goods into the circulation market does not belong to the act of reverse counterfeiting.

(2) In terms of subjective behavior, the subjective motivation of reverse trademark counterfeiting is mainly to steal the reputation of other people's products to create their own brands for improper profits.

(3) In terms of the object of behavior, reverse counterfeiting directly points to the products produced by others, and its essence lies in stealing or degrading the reputation of other people's products.

(4) In terms of behavioral content, reverse counterfeiting is manifested in buying goods produced by others in the market; Replacing others' trademarks with their own trademarks; Continue to put the commodity into circulation.

legal basis: article 67 of the trademark law of the people's Republic of China uses the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant, which constitutes a crime. in addition to compensating the infringed for the losses, criminal responsibility shall be investigated according to law.

if anyone forges or manufactures another person's registered trademark logo without authorization or sells a forged or manufactured registered trademark logo, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law in addition to compensating the infringer for his losses.

if a person knowingly sells a commodity with a counterfeit registered trademark, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed person.