Legal analysis
According to the provisions of China's trademark law, giving infringing products also constitutes trademark infringement, and the administrative department for industry and commerce will give corresponding punishment. If the infringing gift is confiscated, the infringer will be fined. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used for manufacturing infringing goods and forging registered trademarks, and impose a fine. The so-called "infringement of the exclusive right to use a registered trademark", also known as trademark infringement, refers to all acts that damage the rights and interests of others' registered trademarks. The infringement of the exclusive right to use a registered trademark requires four elements: first, objectivity, that is, there are objectively facts that harm the rights and interests of others' registered trademarks; The second is illegality, that is, the behavior of the actor violates the law, and the legal behavior does not constitute an infringement of the exclusive right to use a registered trademark; The third is fault, that is, when the perpetrator commits an illegal act, there is subjective intention or negligence; The fourth is relevance, that is, there is a causal relationship between the damage fact and the illegal act, and the damage fact is caused by the illegal act. The act of satisfying the above four elements at the same time constitutes infringement.
legal ground
Article 57 of the Trademark Law of People's Republic of China (PRC) commits any of the following acts, which are all violations of the exclusive right to use a registered trademark: (1) using a trademark identical to its registered trademark on the same commodity without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (five) 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; (6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark; (seven) causing other damage to the exclusive right to use a registered trademark of others.