impersonating a registered trademark is a kind of deception, which is mainly manifested in the fact that a trademark has not been registered, but the user claims that its trademark has been registered. Such as adding the words "registered trademark" or "note" or "r" to the unregistered trademark logo, or pretending to be a registered trademark in the advertisements, brochures and other promotional materials of products. Reverse counterfeiting, also known as reverse counterfeiting of trademarks, refers to the behavior of an operator who, after legally obtaining goods with registered trademarks owned by others, changes his registered trademarks without the consent of the trademark registrant 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. Article 52 of China's revised new Trademark Law clearly stipulates: "Any of the following acts is an infringement of the exclusive right to use a registered trademark: … (4) Changing its registered trademark and putting the goods with the changed trademark on the market without the consent of the trademark registrant". This is the legal basis for trademark "reverse counterfeiting" to be recognized as trademark infringement. In the reverse trademark counterfeiting, removing other people's registered trademarks without authorization and pasting their own trademarks on the goods for sale not only violates the legal provisions on the protection of 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 and causing confusion in the circulation order of goods. At the same time, the trademark reverse counterfeiter changes the registered trademark of others without authorization, which hinders the original commodity producers from expanding their trademark popularity and increasing their market share, and also violates the business ethics and legal principles of fair competition, honesty and credibility.
the reverse trademark 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.