abuses
have one of the following acts constitute trademark infringement behavior:
(a) without the permission of the registered trademark, the same goods or similar goods using the same or similar trademarks registered trademark therewith, and may cause confusion;
(ii) selling a commodity trademark rights violations;
(3) counterfeiting, without manufacturing same with others registered trademark or similar trademarks, or selling counterfeit, the same as another person's registered trademark or made without authorization or similar identification;
(D) without the consent of the trademark registration, change its registered trademark and trademark of the replacement product and to market;
(V) on the same or similar to the registered trademark of the same with others or similar signs used as trade names or trade dress, mislead the public;
(f) intentionally providing facilities such as storage, transportation, mailing, concealing, processing, production tools, production technology or business premises such as trademark infringement behavior;
< p> (vii) another person's registered trademark identical or similar to text as a famous enterprise in the same or a similar use of the goods, or otherwise identifies its role as a prominent use, easy to make the relevant public misidentification; < / p>(h) a reproduction, imitation, translation others well-known trademarks registered or not in the main part of the same or not in use as a trademark on similar goods, misleads the public, the well-known trademark registrant's interests may be compromised of;
(IX) another person's registered trademark identical or similar to text registered as a domain name, and e-commerce related sales pitch or commodity trading by the domain name, easy to make the relevant public misidentification .
(x) caused other damage to the registered trademark rights of others.
Fair Use
General trademarked name contained in the present product, graphic, type, or directly labeled product quality, the main raw materials, function, use, weight, quantity or other characteristics or contain names, registered trademark rights have no right to prohibit legitimate use of others. While the behavior of others can not use as a trademark infringement investigation.
forms
counterfeit or fake products
"same mark" means a registered trademark of the plaintiff alleged infringement of trademarks and compared, both in the visual the basic difference. "Approximately trademark" refers to a trademark registered trademark infringement plaintiff charged compared to the color of its composition and character font, pronunciation, meaning, or pattern, or a combination of the elements of the overall structure is similar, or a three-dimensional shape, approximate color combinations, easy to make the relevant public sources for commodities have mistaken or that the source of goods registered trademark of the plaintiff has a specific contact. "Similar goods" means the same in terms of function, use, production department, sales channels, consumer objects, etc., or the relevant public is generally believed that there is a specific link, confusing goods. In identifying goods or services are similar, should be related to the general public awareness of goods or services, comprehensive judgment, trademark registration with the international classification of goods and services, similar to the distinction between goods and services table can be judged as similar goods or services by reference.
The use of trademarks, including the trademark for the goods, packaging or containers of goods transaction documents or using trademarks in advertisements, exhibitions and other commercial activities.
sale of trademark infringing goods
such violations is the main commodity dealers, regardless of whether the perpetrator subjective fault, as long as the implementation of the sales infringement of registered trademark rights behavior of commodities, constitute infringement. Only the perpetrator subjectively good intentions, it can be released from liability. Paragraph 2 of Article 60 of the Trademark Law: Sales of goods do not know infringement of registered trademark rights, can prove that the goods are legally acquired and explain their own providers, not liable for damages.
forging, manufacturing without another person's registered trademark
forging, manufacturing without a registered trademark of others, or selling counterfeit registered trademark without authorization identity
This a tort is a problem trademark infringement, including "manufacturing" and "marketing" two acts.
without the consent of the trademark registration, changing a registered trademark
without the consent of the trademark registration, change its registered trademark and the replacement of the trademark goods and investment markets
this behavior is also known as reverse passing off, replace the trademark behavior. Constitute such violations must have two elements: First, the perpetrator without the trademark owner's consent not replace the trademark; the second is to replace branded goods to market and sell. Registered trademark
to others causing other damage
interpretation of article 50 cases and the number of issues "about the case to the Supreme Court of Trademark Civil Dispute in accordance with applicable law, trademark law implementation "Article 1, the following acts are" causing other damage to the registered trademark rights of others, "trademark infringement:
1. On the same or similar goods, the same as another person's registered trademarks or similar signs used as the name or decoration, to mislead the public;
2. Intentionally providing facilities such as storage, transportation, mailing, concealing, etc. for the infringement of registered trademark rights behavior of others;
3. Another person's registered trademark identical or similar to text as a prominent and famous enterprises in the same or similar goods, easy to make the relevant public misidentification;
4. Copy, imitation or translation of another person's well-known trademarks registered or not in the main part of the same or similar goods not in use as a trademark to mislead the public, resulting in the well-known trademark registrant's interests may be impaired;
5. The registration with others the same or similar to the domain name registered as a trademark text and e-commerce related to commodity trading by the domain name, easy to make the relevant public misidentification.