Acts that cause other damage to the exclusive right to use a registered trademark of another person refer to acts that directly infringe the exclusive right to use a registered trademark, but also include some indirect or other forms of acts, which will still cause damage to the rights and interests of the trademark registrant although they do not directly counterfeit or imitate the registered trademark of others.
The following are some examples of actions that may cause other damage to the exclusive right to use a registered trademark of another person:
1. Intentionally misleading the public
Deliberately misleading the public through advertising, publicity or other means, causing confusion or misidentification of the goods or services or the relationship between them, thereby damaging the reputation and market position of the trademark registrant.
2. Malicious registration of domain names
Preemptively registering a domain name that is identical or similar to a registered trademark of another person and used for the same business as the trademark registrant** or e-commerce activities, causing confusion or misidentification among consumers, thereby harming the interests of the trademark registrant.
3. Intentionally facilitating the infringement
Knowing that others are infringing the exclusive right to use a registered trademark, but deliberately providing them with convenient conditions, such as providing assistance such as warehousing, transportation, mailing, concealment, etc., thereby contributing to the occurrence and continuation of the infringement.
4. Infringement of the copyright or other intellectual property rights of the trademark registrant
Without the permission of the trademark registrant, the unauthorized use of the registered trademark pattern, text and other elements for creation or design, infringing its copyright or other intellectual property rights, thereby harming the legitimate rights and interests of the trademark registrant.
If an act is determined to have caused other damage to the exclusive right to use a registered trademark to another person, the infringer will bear the corresponding legal liability, including civil compensation, administrative penalties, etc. Merchants and enterprises should strengthen their awareness of brand protection, comply with trademark laws and regulations, respect the intellectual property rights of others, and avoid any behavior that may damage the exclusive right to use registered trademarks of others.
*From: Red and Blue Law Author: Qidu Notary Team.