What are the trademark infringements in China ?

According to the Trademark Law of the People’s Republic of China, the following acts are trademark infringements:

Using the same or similar trademarks without permission: Using a trademark that is the same as the registered trademark on the same kind of goods without the permission of the trademark registrant; or using a trademark that is similar to the registered trademark on the same kind of goods, and using a trademark that is the same or similar to the registered trademark on similar goods, which is likely to cause confusion. For example, without the permission of Apple, using the “Apple” trademark on mobile phone products, or using patterns and words similar to the “Apple” trademark, etc., can easily lead consumers to mistake them for Apple’s products.

Selling goods that infringe the exclusive right to use a registered trademark: selling goods that are known or should be known to infringe the exclusive right to use another person’s registered trademark. For example, some merchants know that the goods they sell are counterfeit Nike sneakers, but still sell them for profit.

Forging, unauthorized manufacturing or selling forged or unauthorized registered trademark logos: Forging or unauthorized manufacturing of other people’s registered trademark logos, or selling forged or unauthorized registered trademark logos. For example, illegally manufacturing a large number of trademark logos of well-known brands, and then selling them to counterfeiters for the production and sale of counterfeit products.

Reverse counterfeiting: replacing the registered trademark without the consent of the trademark registrant and putting the replaced trademark goods on the market. For example, tearing off the trademark on qualified goods produced by others, replacing it with your own trademark and then selling it.

Providing convenient conditions for infringement: intentionally providing convenient conditions for infringement of others’ exclusive trademark rights, helping others to infringe on their exclusive trademark rights, including providing warehousing, transportation, mailing, printing, concealment, business premises, online commodity trading platforms, etc. for infringement of others’ exclusive trademark rights.

Other damaging acts: acts that cause other damage to others’ exclusive trademark rights. For example, using a mark that is identical or similar to another’s registered trademark as a company name or domain name, misleading the public, etc.

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