在现实经济生活中,商标假冒行为使众多的消费者上当受骗,已成为影响市场经济健康发展的“公害”。由于商标假冒行为具欺骗性,法律如何予以界定,如何予以制裁,都是一个新课题。本文通过对假冒商标行为进行分类、一种是假冒行为,另一种为反向假冒行为,分别进行讨论及提出立法完善和法律适用之建议。 In the real economic life, the counterfeiting of trademarks has deceived many consumers and has become the “public hazard” affecting the healthy development of the market economy. Because of the deceptive nature of trademark counterfeiting, how the law is defined and how sanctions are imposed are all new topics. This article classifies counterfeiting trademark behavior by one, which is counterfeit and the other is reverse counterfeit. They discuss separately and put forward suggestions on perfecting legislation and applying law.