商标侵权行为的司法判断方法之我见（My opinion on judicial judgment of trademark infringement）.doc

商标侵权行为的司法判断方法之我见（My opinion on judicial judgment of trademark infringement） My opinion on judicial judgment of trademark infringement Time of publication: 2011 08 15: key words: Trademark Infringement Zhejiang - Huzhou Guang Jian Li 645727755002610261 abstract The identification and judgement of trademark right infringement has certain complexity and difficulty. In view of this, Huzhou Li Guangjian, according to my experience, in-depth analysis of the common trademark infringement cases in recent years, on how to judicial judgment of tort, the following practical point of view My opinion on judicial judgment of trademark infringement Trademark is the most important commercial mark to distinguish the source of goods or services. With the further development of the market economy, the competition is further intensified, and the commodity producers, operators, profit seeking behavior and dishonest factors have the objective inevitability of trademark infringement. The Trademark Law of China divides the trademark right into forbidden right (Forbidden) and exclusive right (line). In the line, the effect of the right and only approved and registered by the trademark and approved the use of goods or services (trademark law fifty-first), but in the ban, the trademark owner has the right to prohibit others without permission in the similar goods or services using similar trademarks (trademark law article fifty-second the item (a)). Therefore, the identification and judgment of trademark infringement has certain complexity and difficulty. In view of this, Huzhou Li Guangjian, according to my experience, in-depth analysis of the common trademark infringement cases in recent years, on how to judicial judgment of tort, the following practical point of view. First, the types of common trademark infringement Article fifty-second of the Trademark Law of the Peoples Republic of China stipulates five kinds of infringement on the exclusive right to use registered trademarks: 1 without