1, "If the trademark of imitation shoes is different from the genuine trademark, is it a trademark infringement? Besides, the quality of these shoes is ok, and they cannot be considered as fake and shoddy products. " ：
(1) Although "the quality of these shoes is ok", they are not necessarily fakes, but they are definitely counterfeit products: products that are not genuine brand trademarks are "counterfeit" because of the fraudulent use of other people's trademarks. Does the landlord admit this?
(2) I can tell you for sure that this kind of behavior is an infringement of trademark rights. Those who are light should bear civil liability (compensate the loss of the trademark owner), and those who are heavy should also bear administrative liability (the industrial and commercial bureau can give administrative punishment, which can be: order to stop the infringing act immediately, confiscate and destroy infringing goods and tools specially used to manufacture infringing goods and forge registered trademark marks, and may also impose a fine. ), and even bear criminal responsibility (constitute a crime of counterfeiting registered trademarks, will be sentenced)
(3) As you said, for example, don't "get together" and "ugly grain liquid"? Whether it constitutes infringement has been concluded.
2. Specific standards of trademark infringement: give you some legal references:
(1) Article 52 of the Trademark Law: "Any of the following acts is an infringement of the exclusive right to use a registered trademark: (1) Using a trademark identical with or similar to its registered trademark on the same commodity or similar commodity without the permission of the trademark registrant; (2) selling goods that infringe upon the exclusive right to use a registered trademark; (3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (5) causing other damage to the exclusive right to use a registered trademark of others ".
(2) Article 213 of the Criminal Law: "Whoever uses a trademark identical to its registered trademark on the same commodity without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "
Of course, the above are all cases of counterfeiting registered trademarks. If the counterfeit trademark is not registered, if it is a well-known trademark, the protection will be stricter. If it is not a well-known trademark, if it is counterfeit, it may say something else, but unregistered and unknown trademarks will generally not be counterfeit: unprofitable.
4. Actually, it is illegal, but in reality, there are many such phenomena, because law enforcement is not so timely and strict. If no one reports it and no one investigates it, you can make a fortune. If it is found out, it's hard to say.