(1) The use of prior rights does not constitute trademark infringement.
Users properly use the signs that they enjoy rights. If you use your name, trade name or other marks correctly. Because the prior rights of users are legal, their proper use does not constitute trademark infringement.
(2) Indicative use does not constitute trademark infringement.
The user's reasonable use of another person's registered trademark to show the purpose of the goods or services does not constitute trademark infringement. For example, a brand of ink cartridges, a reasonable indication is dedicated to a brand of printers.
(3) Descriptive use does not constitute trademark infringement.
According to Article 49 of the Regulations for the Implementation of the Trademark Law of People's Republic of China (PRC): "A registered trademark contains the common name, figure and model of a commodity, or directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity, or contains a place name, and the exclusive owner of a registered trademark has no right to prohibit others from properly using it."
Identification of trademark infringement;
(1) Trademark infringement caused by illegal use of registered trademarks of others. It refers to the use of the same or similar words and graphics as the name or decoration of the goods on the same or similar goods without the permission of the trademark registrant.
The identification of "similar goods" shall be based on the goods approved for use on the trademark registration certificate. From the eyes of ordinary consumers, we can see whether there are similarities in functions and uses between the two commodities, and whether consumers and sales channels are the same. The identification of "similar trademarks" should usually be considered from two aspects: first, whether the goods or services used by two trademarks are the same or similar; The second is whether the main parts of logos of the two trademarks are similar. Specifically determine the subjective standard based on the general attention of ordinary consumers, and make a comprehensive judgment by combining the overall comparison with the significant part of the trademark. In practice, it is often necessary to examine the three elements of a trademark, namely, sound, form and meaning. That is, whether the pronunciation is the same; Whether the appearance is similar may lead to the intuitive misunderstanding of ordinary consumers; Whether it means the same or not.
(two) the sale of goods that infringe the exclusive right to use a registered trademark causes trademark infringement.
When determining this trademark infringement, whether the seller is at fault or not is not the standard. As long as the seller objectively sells the goods that infringe the exclusive right to use a registered trademark, the infringement can be established, but the seller will not be liable for compensation on the premise of proving that the goods are legally obtained and explaining the supplier. The so-called "legally acquired goods" refers to the goods purchased in the legal trading market in an open form; Explain that the identity of the "supplier" should be true and can be discovered by the other party in real life. If this standard is not met, it cannot be considered as "indicating suppliers".
(3) Trademark infringement caused by forging or unauthorized manufacture of registered trademark marks of others or unauthorized sale of forged or unauthorized registered trademark marks.
Unauthorized manufacturing refers to the trademark printing unit manufacturing trademark logos without authorization or due process; Forgery refers to the deliberate manufacture of counterfeit trademarks. The manufacture and sale of trademark marks must be carried out in accordance with the relevant provisions of the state and local governments. Without the authorization of the trademark registrant, it is forbidden to manufacture and sell trademark marks, and trademark marks shall not be forged.
(4) Trademark infringement caused by reverse counterfeiting.
Reverse counterfeiting of a registered trademark refers to the act that the actor replaces the registered trademark without the consent of the registered trademark owner after legally obtaining the goods, and puts the goods with the changed trademarks on the market again. The act of impersonating another person's registered trademark is not to directly use or impersonate another person's registered trademark, but to adopt the way of reverse thinking, borrow the reputation of goods that others use registered trademarks, and promote goods with their own trademarks, thus improving the reputation of their own trademarks. Reverse counterfeiting violates the legal principles of fair competition and good faith, uses its own trademark on other people's goods without authorization, and uses other people's high-quality goods to build its own brand. As a result, the trademark owner lost the opportunity to establish product reputation by using the trademark, which violated the principle that trademarks and commodities cannot be separated, infringed the interests of the trademark owner, deceived consumers and disrupted the market order.
(5) Trademark infringement caused by dilution of well-known trademarks.
This behavior refers to the behavior that the unauthorized user uses the same or similar trademark on his own goods but is different from the well-known trademark, which leads consumers to misunderstand or confuse the source of the goods and its relationship with the producers in other aspects, thus weakening the special attraction and recognition function of the well-known trademark. The main manifestations of the dilution of well-known trademarks are as follows: first, uglify well-known trademarks in some way; The second is to darken well-known trademarks in some way; Third, consumers mistake trademarks for the common names of related commodities in an indirect way.
(6) The act of registering another person's registered trademark as a domain name.
There are two main types of trademark infringement: one is to register other people's well-known trademarks as domain names for commercial purposes; Second, registering or using domain names that are the same as or similar to others' registered trademarks for commercial purposes, deliberately causing confusion with products and services provided by others and misleading network users to visit their websites or other online websites.
(7) the act of registering another person's registered trademark as an enterprise name.
The premise of this kind of trademark infringement is that there is a trademark application first, and then there is enterprise registration, which is often a hitchhiking behavior of enterprises using the popularity of other people's trademarks. These enterprises use other people's registered trademarks as enterprise names, misleading consumers and infringing the trademark rights of trademark owners.