Can I appeal to the court if my trademark rights are infringed?

In modern society, we need goods and services to meet our daily needs. A trademark is a sign used by merchants to distinguish their goods or services from those of other merchants. The exclusive right of trademark is the right enjoyed by the trademark owner. If the exclusive right of trademark is infringed, can you appeal to the court? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you. .

Can I appeal to the court if my trademark rights are infringed?

Yes.

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Infringement of trademark rights

1. Using the Registered trademark on the same or similar goods without the permission of the registered trademark owner Similar or similar trademarks;

2. Sales Knowingly counterfeiting goods with registered trademarks;

3 , forge or create without authorization the registered trademark logo of others or sell the registered trademark logo that has been forged or manufactured without authorization;

4. Deliberately providing facilities for infringement of exclusive rights to registered trademarks;

5. Causing other damage to the exclusive rights of others to register trademarks.

The trademark registrant has ownership of the registered trademark , when the exclusive right to trademark is infringed, you can take legal weapons to protect your legitimate rights and interests.

The meaning of trademark exclusive rights

Trademark right is the abbreviation of trademark exclusive right, which refers to the exclusive right granted by the trademark authority to the trademark owner in accordance with the law to protect the registered trademark under national law. Trademark registrants have the right to control their registered trademarks in accordance with the law and prohibit infringement by others, including the trademark registrant's exclusive use rights, income rights, disposal rights, renewal rights and the rights to prohibit infringement by others of their registered trademarks. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, or a combination of the above elements.

Scope of protection of exclusive trademark rights

(1) The protection of registration is limited to the approved registered trademark. If the trademark actually used by a person is inconsistent with the approved registered trademark, not only will his exclusive trademark rights not be effectively protected, but it may also lead to There are four consequences: first, it constitutes an illegal act of changing the words, graphics or combination of registered trademarks on one's own; second, when the trademark that is changed on one's own is obviously different from the approved registered trademark, and at the same time it is marked with a registered mark, it constitutes passing off. The illegal act of registering a trademark; third, if the changed trademark is similar to someone else’s registered trademark, it will constitute an infringement of the exclusive rights of others’ trademarks; fourth, the registered trademark will be revoked due to non-use for three consecutive years.

(2) The protection of the exclusive right of a registered trademark shall be based on the goods approved for use. Limited.

If the goods actually used by the trademark registrant If it is inconsistent with the approved goods, it will not only be unable to effectively protect its exclusive rights to trademarks, but it may also bring about three consequences: first, using the registered trademark beyond the scope of the approved goods, constituting the illegal act of passing off a registered trademark; second, using the registered trademark for three consecutive years Failure to use the approved goods will lead to the cancellation of the registered trademark; thirdly, the use of the registered trademark beyond the scope of the approved goods (except for goods similar to the approved goods) constitutes an infringement of the exclusive rights of others' trademarks.

The above is some summary of the infringement of trademark exclusive rights by the editor of Legal Savior Network , if your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to have legal consultation.