Does the online real name that the relevant public does not misunderstand not infringe the exclusive rights of others' Registered trademarks?
An online real name that does not cause misunderstanding among the relevant public does not infringe on the exclusive rights of others to register trademarks.
"Trademark Law" Sixth Article 10 If a dispute arises due to any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may bring a lawsuit to the People's Court. , or you can request the industrial and commercial administration department to handle it.
If the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be 50,000 yuan. If the amount exceeds 50,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. Selling goods that are not known to infringe the exclusive rights of registered trademarks can prove that the goods are self-madeIf the product has been obtained legally and the supplier has been identified, the industrial and commercial administration department shall order it to stop selling.
Dispute over the amount of compensation for infringement of trademark exclusive rights , the parties may request mediation from the industrial and commercial administrative department handling the case, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it becomes effective, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Article 61 is exclusively for infringement of registered trademarks The industrial and commercial administrative departments have the right to investigate and deal with any violation of rights in accordance with the law; if a crime is suspected, they shall be promptly transferred to the judicial authorities for handling in accordance with the law.
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