Huafeng Company still uses Tianlisha as its product trademark and sells it in the market. This kind of behavior is generally indicated in the signed trademark license agreement.
Trademark infringement stipulated in China's Trademark Law, its implementation rules and judicial interpretation mostly determines the jurisdiction and subject of the case according to the content or type of trademark infringement. Article 57 of the Trademark Law stipulates that one of the following acts is committed; All belong to infringement of the exclusive right to use a registered trademark: using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant.
Extended data:
Four elements:
1, there must be an illegal act, that is, the actor has carried out the act of selling goods with counterfeit registered trademarks;
2, there must be damage facts, that is to say, the behavior of selling counterfeit trademark goods implemented by the actor has caused the damage consequences of the trademark owner. Selling goods with counterfeit registered trademarks of others will cause serious property losses to the obligee, and at the same time, it will also bring goodwill damage to the units enjoying registered trademarks. Property loss and goodwill damage are both damage facts.
3. The subjective fault of the actor refers to the fact that the actor already knows or should know that the goods sold are counterfeit registered trademarks.
4. There must be a causal relationship between the illegal behavior and the damage result, that is, there is a causal relationship between the illegal sales behavior and the damage result caused by the trademark owner.
Baidu encyclopedia-trademark infringement