目前世界各国大都把禁止假冒他人商标和商品放在反不正当竞争立法的首位。我国1993年9月2日通过的第一部《反不正当竞争法》在第5条第一项中也把禁止假冒他人的注册商标这一行为放在前列。由此可见,我国的反不正当竞争法注意了与我国参加及缔结的国际条约接轨。我们认为在这一点上还做得不够,在商标使用过程中构成的不正当竞争行为远非仅此一项。所以本文就谈谈在商标使用中的几种不正当竞争行为及其法律责任。 一.假冒他人的注册商标 根据我国《商标法》第四条的规定,商标是商品生产者或经营者在生产、制造、加工、拣选或者经销的商品上采用的区别来源的,由文字、图形、或其组合构成的,具有显著特征的标志。另外《商标法》中所指的商标还包括服务商标,即经营各种服务的企业、个人为使自己经营的服务与他人经营的服务相区别而使用的文字、图形、或其结合构成的标记。由此可见:商标是商品经济的产物,它的基本作用就是区别不同商品生产者或经营者不同质量的商品及提供不同的服务项目。它实质上是一种信誉权。这种商标信誉能联系一部分消费者,占领一定的市场,给生产者和经营者带来到利益,成为一种无形的财产。也正是因为商标的这种属性,使之成为各国法律保护的对象。它不单纯是一张图、几个字,而是作为 At present, most countries in the world have put anti-counterfeit trademark and commodities on the top of anti-unfair competition legislation. The first Anti-Unfair Competition Law passed by China on September 2, 1993 also listed in the first paragraph of Article 5 the prohibition of counterfeiting other people's registered trademarks. Thus, our Anti-Unfair Competition Law has noticed that it is in line with our country's participation in and conclusion of international treaties. We think that we have not done enough at this point and that unfair competition in the use of trademarks is far from the only one. So this article will talk about several unfair competition in the use of trademarks and their legal responsibilities. I. Counterfeiting the Registered Trademark of Others According to Article 4 of the “Trademark Law” in China, a trademark is a distinctive source used by a commodity producer or operator in the production, manufacture, processing, selection or distribution of commodities. It consists of words and figures , Or a combination thereof, with distinctive features. In addition, the trademarks mentioned in the Trademark Law also include service marks, that is, enterprises that operate various kinds of services, marks that individuals use to differentiate their own services from those operated by others, or marks . Thus it can be seen that a trademark is a product of the commodity economy and its basic function is to distinguish different quality commodities from different producers or operators of different commodities and provide different service items. It is essentially a right of reputation. This brand reputation can contact some consumers, occupy a certain market, bring benefits to producers and operators, and become intangible property. It is precisely because of this attribute of the mark that it has become the object of legal protection in all countries. It is not just a picture, a few words, but as