The trademark law makes a legal definition of the infringement of the right to exclusive use of trademarks, including the following five:
(1) the use of a trademark identical to or similar to the registered trademark on the same commodity or similar commodity without the permission of the trademark registrant is infringement of the trademark. The same kind of goods here refer to the registered trademark and the same commodity as; similar goods refers to the commodity function, use of raw materials, sales channels, consumers, operators and other aspects, so that consumers can not distinguish the source to generate false recognition, the phenomenon of false purchase goods; the same trademark refers to the difference in the visual difference or very subtle trademark; similar trademarks trademark refers to the overall comparison, is not easy to distinguish, so that consumers have confusion of trademark.
(2) the sale of goods infringing the right to exclusive use of registered trademarks is trademark infringement. This means that the seller as a commodity should not sell goods infringing the right to exclusive use of registered trademarks, if the sale is a trademark infringement. But to make every one of the distribution of goods, make thousands and millions of commercial use of the trademark, is not an easy thing, it should consider the actual situation, the correct understanding and application of the law.
(3) counterfeiting or unauthorized manufacture of a registered trademark of another person or marking of counterfeit or unauthorized registered trademarks shall be the infringement of trademarks. What should be emphasized here is that as a sign of distinguishing the source of goods, trademark is the visible carrier of trademark, and trademark plays the role of identifying goods through trademark identification. Trademarks include packages with labels, labels, seals, brochures, certificates of conformity and other items. Because trademark identification is a kind of carrier that reflects the right of exclusive use of a trademark, it is infringement of trademark to forge or arbitrarily manufacture another's registered trademark or sell these trademarks.
(4) the trademark infringement shall be changed if the registered trademark is replaced by the trademark registrant and the commodity which is replaced with the trademark is put into the market again. The act of infringement resulted from the change of the trademark without the consent of the registrant of the trademark in the course of business operation. The so-called act of management is to put the goods into the market after changing the trademark.
(5) the act of causing other damages to the right to exclusive use of a registered trademark is also a trademark infringement. This is a summary of other trademark infringement of the four cannot contain, from this paragraph shows that the basic characteristics of infringement of registered trademark rights, trademark rights of others is to cause damage, it can be said that whether the damage is an important indicator of whether the infringement.