Reverse counterfeiting is the "reverse" of counterfeiting. Since trademark counterfeiting refers to the unauthorized use of other people's registered trademarks on their own goods, reverse trademark counterfeiting refers to the unauthorized use of their own trademarks on other people's goods (that is, the unauthorized use of their own trademarks on all their own goods produced by others).

Trademark reverse counterfeiting, also known as trademark reverse counterfeiting, refers to the behavior of an operator who changes his registered trademark without the consent of the trademark registrant after legally obtaining the goods with registered trademarks owned by others and puts the goods with changed trademarks on the market. Trademark reverse counterfeiting objectively shows that it falsely represents the true source of goods to others, and its essence is a trademark infringement. Any of the following acts is an infringement of the exclusive right to use a registered trademark: changing its registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again. "This is the legal basis for the trademark' reverse counterfeiting' to be recognized as trademark infringement.

In reverse trademark counterfeiting, removing others' registered trademarks without authorization and pasting their own trademarks on the goods sold not only violates the legal provisions for protecting the exclusive right to use registered trademarks, but also affects the essential functions of trademarks, making it difficult for the registered trademarks of the original goods to effectively play their identification role, resulting in the disorder of commodity circulation. At the same time, the trademark reverse counterfeiters change the registered trademarks of others without authorization, which hinders the original commodity producers from expanding the brand awareness and increasing the market share, and also violates the business ethics and legal principles of fair competition, honesty and credibility.

Trademark reverse counterfeiting infringes on the legitimate rights and interests of trademark owners and violates the spirit of trademark legislation, and the actor should bear the corresponding tort liability.

Reverse counterfeiting is an infringement of the exclusive right to use a trademark.

The value of a trademark lies in its functions of identifying goods, ensuring the quality of goods, advertising and promotion. Trademark can play these functions normally because it establishes an information transmission channel between enterprises' goods and consumers. Therefore, the full combination of trademarks and commodities is the premise for trademarks to play a role.

The exclusive right to use a trademark gives the trademark registrant the right to use its registered trademark on its goods according to law, and it is forbidden for others to counterfeit or replace it. Its purpose is to ensure the combination of trademarks and commodities. Whether using the same or similar trademark as the registered trademark on the same or similar goods, or removing other people's trademarks and replacing them with their own trademarks, it cuts off the connection between the source goods and the source trademarks, cuts off the bridge between producers and consumers, hinders the normal function of trademarks and infringes on the exclusive right of others to use trademarks.

Legal basis:

Article 57 of the Trademark Law of People's Republic of China (PRC) commits any of the following acts, all of which are infringement of the exclusive right to use a registered trademark:

(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark;

(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;

(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;

(seven) causing other damage to the exclusive right to use a registered trademark of others.