The Act Of Counterfeiting Registered Trademark "The Same Commodity" And "The Same Trademark"

The act of counterfeiting registered trademark is a kind of counterfeiting of registered trademarks may bear the criminal liability of trademark infringement.Contrary to trademark infringement, counterfeiting registered trademark act is limited to use its registered trademark in the same kind of goods of the same trademark.When counterfeit registered trademark act to achieve if the circumstances are serious, it constitutes a counterfeit registered trademark crime.China's "criminal law" the 213 th regulation for this kind of crime, for, without the consent of the registered trademark all on the same commodity to use its registered trademark of the same trademark, the criminal law if the circumstances are serious behavior.To this end, "the same kind of goods" and "the same trademark" when that counterfeiting registered trademark crime are two key concepts.Analysis the author embarks from the counterfeiting registered trademark crime, "the same kind of goods" and "the same trademark" standards, the correct understanding of the connotation and denotation of the concept of two so that a clear judgment standard counterfeiting registered trademark crime and is not a crime.This article from five aspects to analyze these two concepts:First part embarks from the case, aimed at "the same kind of goods" and "the same trademark" these two concepts in civil law and criminal law major practice guidance, and practice the connotation of the concept of the two extension.The second part introduces the counterfeiting registered trademark crime in the concept of "the same kind of goods" and recognized.The third part introduces the concept of "the same trademark" and identified.The fourth part aims to clarify about these two concepts in civil and criminal coordination problems, as well as the difference between them.The fifth part the author puts forward to "the same kind of goods" and "the same trademark" recognition of the perfect proposal.