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The difference between trademark counterfeiting and infringement

Counterfeiting trademarks is a type of trademark infringement. The two are similar in that they both infringe on the exclusive rights of others to register trademarks. The difference between the two is that the act of counterfeiting a trademark must be subjective and intentional in counterfeiting other people’s registered trademarks and selling counterfeit goods, and manufacturing and selling other people’s registered trademarks. The act of counterfeiting a trademark must involve using the same trademark as someone else’s registered trademark on the same kind of goods, rather than using the same trademark as someone else’s registered trademark on similar goods. Nor is it the use of a trademark that is similar to someone else’s registered trademark on the same product. Generally speaking, trademark infringement can be intentional or unintentional. Article 60 of the "Trademark Law of the People's Republic of China" stipulates that if a dispute arises, it shall be resolved through negotiation by the parties concerned or if the negotiation fails, the trademark registrant or interested party may bring a lawsuit to the People's Court or request the industrial and commercial administration department. deal with. When the administrative department for industry and commerce determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China and the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it becomes effective, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China and the People's Republic of China.