Trademark infringement refers to the use of a trademark identical or similar to its registered trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner's use of the registered trademark and damage the legitimate rights and interests of the trademark owner. Trademark infringement involves many forms, including the unauthorized use of identical or similar trademarks, the sale of infringing goods, and the forgery of registered trademark logos.
According to Article 52 of the Trademark Law of the People's Republic of China, the forms of trademark infringement mainly include:
1.Use a trademark that is identical or similar to a registered trademark on similar goods without permission;
2.sale of infringing goods;
3.forging or unauthorized manufacture of other people's registered trademarks;
4.Replace a registered trademark without permission and place it on the market;
5.Causing other damage to the exclusive right to use a registered trademark of another person.
The process of determining trademark infringement includes determining the scope of the exclusive right to use the registered trademark, determining the alleged infringing object, and comparing whether the alleged infringing object is identical or similar to the registered trademark and the goods approved for use. The key is to comprehensively consider factors such as the appearance, pronunciation, and meaning of the trademark, and correctly judge similar goods, rather than judging the quality of the goods.
Any registered trademark that has not been cancelled before it is cancelled should be protected, even if it is considered to be improperly registered, it should be protected until it is cancelled. After the expiration of the validity period of the trademark registration, the use of the same or similar trademark by others does not constitute infringement if the trademark has not been renewed or has been rejected during the grace period.
The unauthorized use of a trademark that is identical or similar to a registered trademark by another person does not constitute trademark infringement if there is a legitimate reason, such as for the description of goods.
Reverse counterfeiting of a trademark refers to the act of replacing the registered trademark of another person without authorization and putting its goods on the market, which violates the provisions of the Trademark Law and damages the legitimate rights and interests of the trademark owner, and shall bear the infringement liability.
To sum up, the determination of trademark infringement involves many aspects, including trademark similarity, product class and other factors, and trademark protection is also an important part of protecting market order and consumer rights and interests.
As a professional trademark service company, Red Fox Trademark Registration is committed to providing customers with comprehensive and professional trademark transaction services, which is the best choice for enterprises to solve trademark brand problems.
Trademark Infringement