Without the permission of the trademark registrant, if a trademark identical to its registered trademark is used on the same commodity, which constitutes a crime, criminal responsibility shall be investigated according to law in addition to compensation for the losses of the infringed party.
Trademark infringement acts are as follows:
1. Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant;
2. Selling goods that infringe the exclusive right to use a registered trademark;
3. Forging or manufacturing others' registered trademarks without authorization or selling forged or manufactured registered trademarks without authorization;
4, without the consent of the trademark registrant, change its registered trademark and put the goods with the changed trademark on the market again;
5, causing other damage to the exclusive right to use a registered trademark of others.
The trademark can be used without registration, as shown below:
1. Without the permission of the Trademark Office, the exclusive right to use a trademark is not protected, and others can use the trademark at will;
2. If the trademark used is registered by others, it is easy to cause trademark infringement;
Trademark application is based on the principle of first application. If there is no registered trademark, it will be registered by others. Once others register successfully, they lose the right to use this trademark.
To sum up, if anyone forges or manufactures another person's registered trademark logo or sells the forged or manufactured registered trademark logo without authorization, which constitutes a crime, he shall be investigated for criminal responsibility according to law, in addition to compensation for the losses of the infringed, and if he knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, he shall be investigated for criminal responsibility according to law, in addition to compensation for the losses of the infringed.
Legal basis:
Article 2 13 of the Criminal Code of People's Republic of China (PRC).
The crime of counterfeiting a registered trademark uses the same trademark as its registered trademark on the same kind of goods and services without the permission of the registered trademark owner. If the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Article 2 15
Crime of illegally manufacturing or selling illegally manufactured registered trademark marks: Whoever forges or sells another person's registered trademark marks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.