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    52nd   the following acts are violations of the right to exclusive use of registered trademarks:

    (a) without permission from the trademark registration, in the same kind of goods or similar goods using the registered trademark identical or similar to the trademark;

    (b) violations of the right to exclusive use of a registered trademark goods on sale;

    (c) forgery, unauthorized manufacture other registered trademarks or sale of counterfeit, unauthorized manufacture of registered trademark;

    (d) without the consent of trademark registrant, the replacement of its registered trademark and goods and the replaced trademark into the market;

    (e) other damage caused to another person's right to exclusive use of registered trademarks.

    "interpretation"   This article is provided of violations of the right to exclusive use of registered trademarks.

    violations of the right to exclusive use of registered trademarks, also known as trademark infringement, refers to any registered trademark rights of others. Judging whether an act constituted violations of the right to exclusive use of registered trademarks, mainly to see whether they have four elements: one is the existence of damage; the second is the illegality of the Act; third, the damage was caused by the violation; four is the Act of intentionally or negligently. When the above four elements at the same time constitutes trademark infringement. Infringement of registered trademark rights under this article has the following categories:

    1. without permission from the trademark registration, in the same kind of goods or similar goods using the registered trademark identical or similar to the trademark Act. This is one of the most obvious is also encountered in the judicial practice of most trademark infringement. Without permission from the trademark registrant, is one that is not in accordance with the provisions of licensing procedures 40th of this law, in the same kind of goods or similar goods using the registered trademark identical or similar to the trademark Act. Its concrete forms of the following situations: one is on the same commodity trademarks with the registered trademark of others; on the second, in the same kind of goods and others of similar trademarks registered trademarks; three are similar goods using someone else's registered trademark trademark; four are in similar goods with others of similar trademarks registered trademarks. Implementation of such acts, whether intentional or negligent, will cause the product source confusion, consumers mistake mistake buy, to the detriment to the legitimate rights and interests of the trademark registrant, and the interests of consumers, and thus is a type of trademark infringement. A trademark registrant has the right to stop the illegal use of law that violations of the right to exclusive use of registered trademarks must be prohibited by the Act, and the legal responsibilities shall be investigated for criminal offenders.

    2. violations of the right to exclusive use of a registered trademark goods on sale. This is a kind of commercial link trademark infringement. Usually violations of the right to exclusive use of registered trademarks goods, inter alia by producers on their own sales, often through other sales activities to reach the consumer. Such sellers, producers of goods and violations of the right to exclusive use of registered trademarks, have confused product sources, violations of the right to exclusive use of registered trademarks, harming the interests of consumers. Therefore such sales should also be considered to be a violation of the right to exclusive use of registered trademarks, also to be treated in accordance with trademark infringement, to bear the corresponding legal responsibility. Need to be aware of is that violations of the right to exclusive use of a registered trademark product producers tend to be intentionally, but violations of the right to exclusive use of a registered trademark goods, the seller may be intentionally, or maybe not. So this law 56th article specifically provides that sales do not know is a violation of the right to exclusive use of registered trademarks goods, can prove that the goods are lawfully acquired and State providers, assumes no liability for damages. Accordingly, we know that, don't know about sales is a violation of the right to exclusive use of registered trademarks goods, can prove that the goods are lawfully acquired and the provider cannot be trademark infringement to be investigated for legal responsibility, should therefore not assume liability.

    3. forgery, unauthorized manufacture registered trademark of others, or sell counterfeit, or made without authorization of the registered trademark. The so-called "fake", is modeled on a registered trade mark without a permission of drawings and material objects created with the registered trademark identical trademarks; so-called "unauthorized manufacture" refers to without his permission in the trademark printing contract provisions outside the set, and privately printed Trademark Act. Forgery and unauthorized manufacture had one characteristic in common, that is without the permission of the trademark Act, the difference is the former brand identity is false in itself, while the latter trademark itself is true. Selling counterfeit, unauthorized manufacture of registered trademark behaviour, refers to such trademark is the subject of trade, both wholesale and retail, and includes both internal sales sales in the market. Brand identity is an important form of trademark use. Counterfeit, unauthorized manufacture registered trade mark identifies the purpose of the Act, is in it for himself or for another person for producing or selling the same kind of goods or similar goods, so that impurities, shoddy and selling counterfeit, unauthorized manufacture of registered trademarks, the purpose of which is to obtain illegal benefits. Because this kind of behavior disrupting the market economic order, violate the trademark rights of trademark registrant, harm the interests of consumers, to serious consequences, very harmful, so you must take strong measures to strike, the legal responsibilities shall be investigated for criminal offenders.

    4. without the consent of trademark registrant, replace its registered trademark and goods and the replaced trademark into the market's behavior. This is the time to modify the new provisions of the trademark law. Foreign legislation called the "reverse passing off" and prohibits and sanctions. The so-called "reverse passing off", refers to a product sales activities in other legally attached to the trademark on goods removed, put on his trademark, posing for their goods to be sold. In the process of transition to a market economy in China, had appeared without the consent of trademark registrant, unauthorized to use the registered trade mark on goods removed it and put on his trademark into the market after sales. Such conduct violated consumers ' right to make consumer goods of a, have a mistake on producers, providers, registered trademark effectively discharge its functions and commodities of the trademark registrant exploite hinders and, therefore, should be regarded as a violation of the right to exclusive use of registered trademarks. To benefit the healthy development of the Socialist market economy, protection of the right to exclusive use of trademarks trademark registration in this law expressly to increase such violations of the prohibition provisions is necessary.

    5. other damage caused to another person's right to exclusive use of registered trademarks. This is a items General provides, to others of registered trademark dedicated right caused other damage of behavior, main is refers to except this article Qian four items zhiwai other damage others registered trademark dedicated right of behavior, for example, enterprise logo or its main part constitute on famous trademark of copy, and copy imitation, and translation or said, may hinted using the enterprise logo of enterprise and famous trademark registered people Zhijian exists a species contact, makes famous trademark registered people of interests may by damage, Or will not due to using or weakened the famous trademark of significantly sex features of; domain name or domain name of main part constitute on famous trademark of copy, and copy imitation, and translation or said, and the domain name is malicious registered or using of; in with a or similar commodity Shang, will and others registered trademark same or approximate of text, and graphics as commodity name or commodity decoration using, and enough to caused errors recognize of; deliberately for violations others registered trademark dedicated right behavior provides warehouse, and transport, and mailing, and hidden, convenience conditions of behavior and so on. These acts with a variety of different forms, but will damage the right to exclusive use of registered trademarks and, therefore, constitute a violation of the right to exclusive use of registered trademarks Act, the offender shall bear the corresponding legal responsibility.