The natural person or legal person whose trademark exclusive right is infringed upon when the actor sells goods that he knows or should know are counterfeit registered trademarks has the civil right to demand the infringer to stop the infringement, eliminate the influence and compensate for the losses.
Article 52 of the Trademark Law stipulates that 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 or similar goods without the permission of the trademark registrant;
2. Selling goods that infringe the exclusive right to use a registered trademark;
3. Forging or manufacturing others' registered trademarks without authorization or selling forged or manufactured registered trademarks without authorization;
4. Without the consent of the trademark registrant. Changing the registered trademark and putting the goods with the changed trademark on the market again.
Extended data:
Trademark cybersquatting
The meaning of the word registered trademark has gone through two stages of development. In the first stage, the object of trademark registration is basically limited to unregistered trademarks.
At present, the connotation of trademark cybersquatting is further expanded, and it is also cybersquatting to apply for the registration of trademarks or well-known trademarks that others have already known to the public on non-similar goods or services.
Furthermore, the act of applying for the registration of other people's prior rights such as innovative design, design patent, enterprise name and font size, copyright, etc. as trademarks should also be regarded as trademark squatting. There are two types of cybersquatting: cybersquatting in a narrow sense and cybersquatting in a broad sense. In a narrow sense, cybersquatting refers to the competitive behavior of registering a trademark before the original trademark owner to obtain economic benefits.
Baidu encyclopedia-trademark infringement