Reverse counterfeitingIt refers to the act of replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market. Specifically, it refers to the infringer removing the legally registered trademark of another person from the goods and replacing it with his own trademark, resulting in confusion and misidentification of the goods by consumers. This behavior is also known as "reverse impersonation" or "reverse obfuscation".
Reverse counterfeiting infringement has special characteristics compared with general trademark infringement:
First of all, reverse counterfeiting infringement involves the removal and re-use of another person's registered trademark, rather than the direct use of another person's trademark on the goods.
Secondly, reverse counterfeiting infringement often involves the deprivation of the trademark right of the trademark registrant, and the consumer cannot identify the authenticity of the goods, thus depriving the trademark registrant of the reputation and benefits enjoyed through the trademark.
Relevant laws and regulations:
Article 52 of the Trademark Law provides:
Any of the following acts is an act of infringing the exclusive right to use a registered trademark:
Without the permission of the trademark registrant, using a trademark identical or similar to the registered trademark on the same or similar goods; Selling goods that infringe the exclusive right to use a registered trademark; Forging or manufacturing the registered trademark logo of another person without authorization, or selling the counterfeit or unauthorized manufacture of the registered trademark logo; Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market again; Causing other damage to the exclusive right to use a registered trademark to another person.
It can be seen that reverse counterfeiting infringement is a serious trademark infringement, which damages the interests and reputation of trademark registrants and disrupts the market order. Trademark registrants can take legal measures to protect their rights and interests, including suing infringers and seeking compensation.
*From: Red and Blue Law Author: Qidu Trademark Team.
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