Can a trademark be protected if it violates legal provisions?

When faced with Trademark infringement, the trademark registrant and related stakeholders have the right to seek resolution from the industrial and commercial administration departments at the county level and above. If they are dissatisfied with the outcome, they can also initiate administrative litigation to safeguard their rights in accordance with the law. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Can trademarks be protected if they violate legal provisions

Concerning the handling of trademark infringement, the trademark owner or parties involved in the case may request a court at or above the county or city level The industrial and commercial administrative department at the industrial and commercial level is responsible for reviewing and possibly obtaining the result; if there are still objections to such decisions, administrative litigation can be filed with the court for legal relief in accordance with the law; in addition, the industrial and commercial authorities also have the discretion to take the initiative and take action against suspected trademarks. The right to severely crack down on infringement; no matter which party is facing trademark infringement, it has the right to file a civil lawsuit directly to the grassroots people's court at the intermediate level or above or in certain large cities to protect its own rights and interests; when the product involved involves In the case of commodity import and export, the rights holder can also submit an application for customs protection of intellectual property rights to the General Administration of Customs. Through this method, customs at all levels are required to take necessary protective measures in accordance with the law.

Article 62 of the Trademark Law

The industrial and commercial administration departments at or above the county level may exercise the following powers when investigating and punishing acts suspected of infringing upon the exclusive rights of others to register trademarks based on obtained evidence of suspected violations or reports:

(1) Question the relevant parties and investigate the situation related to the infringement of the exclusive rights of others’ registered trademarks;

(2) Review and copy the parties’ contracts, invoices, account books and other relevant materials related to infringement activities;

(3) Conduct on-site inspections of places where parties are suspected of engaging in activities that infringe on the exclusive rights of registered trademarks of others;

(4) Inspect items related to infringement activities; items that are evidenced to infringe the exclusive rights of others’ registered trademarks may be sealed or detained.

When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse,

In the process of investigating trademark infringement cases, there is a dispute over trademark ownership or If the right holder files a trademark infringement lawsuit at the same time in the people's court, the industrial and commercial administration department may suspend the investigation and handling of the case and shall resume or terminate the case investigation and handling process.

The Supreme Court’s Interpretation of Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases, Article 1Item 3

From the perspective of defining trademark infringement , clearly stipulates a situation of trademark infringement in the Internet environment, that is: "Registering words that are the same as or similar to others' registered trademarks as domain names, and conducting e-commerce transactions of related goods through the domain names, which is likely to cause misunderstanding among the relevant public” falls under Article 52 of the Trademark Law

Infringement of trademark rights as stipulated in Item (5) shall be investigated for civil liability such as cessation of infringement and compensation. This provision provides effective legal protection for the exclusive right of registered trademarks in the Internet environment.

In addition, other infringements of trademark laws have been involved in the Internet environment, which are similar to general trademark infringements in "real society" There is not much difference in the determination, and the People's Court will pursue legal liability in accordance with the corresponding provisions of the Trademark Law

2. Legal provisions on compensation standards for trademark infringement

In relevant laws and regulations, the standard for measuring the amount of damages for trademark infringement is clearly stipulated as: According to the actual economic losses suffered by the right holder due to the infringement The loss is determined; however, when the actual loss is difficult to accurately measure, the economic benefits obtained by the infringing party from the infringement can be used as the measurement standard; when neither the loss of the right holder nor the income obtained by the infringing party through the infringement can be accurately measured If so, you can make a reasonable estimate based on several times of the registered trademark license fee.