How to define online trademark infringement
1. Determine the scope of exclusive rights to registered trademarks
The scope of exclusive rights of a registered trademark is the basic basis for determining trademark infringement. All factors considered in determining whether a trademark infringement can be identified or alleged to constitute a trademark infringement revolve around the scope of exclusive rights to a registered trademark. According to Article 56 of my country’s Trademark Law: “The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use.” Obviously, judging from this provision, the scope of exclusive rights to a registered trademark is limited to the approved trademark and the goods approved for use by the registered trademark. The scope is determined by two factors, one is the approved registered trademark; the other is the goods approved for use by the registered trademark. The combination of the two constitutes the scope of exclusive rights of a registered trademark, which also determines the standard for comparing trademark infringement with the object of the alleged infringement in order to draw a conclusion as to whether it constitutes infringement.
2. Determine the specific object of the alleged infringement
The determination of the object of the alleged infringement consists of two It is determined by factors including, first, the trademark accused of infringement, and second, the goods used in the trademark accused of infringement. The significance of determining the specific object of the alleged infringement is to determine and solidify the carrier of the alleged infringement, laying a solid foundation for the next step of comparison with the scope of protection of trademark rights. It is as important as determining the scope of exclusive rights to a registered trademark and is another comparison object for determining trademark infringement.
3. Compare the alleged infringement object with the registered trademark and the goods approved for use by the registered trademark
Determine whether the trademark accused of infringement is the same as or similar to the registered trademark, and whether the goods used by the alleged infringing trademark are of the same category or similar to the goods approved for use by the registered trademark. Through the three basic steps to determine infringement, especially by comparing the alleged infringement object with the registered trademark and the goods approved for use by the registered trademark, we can determine whether trademark infringement has occurred.
Other knowledge
1. What are the online trademark infringements
1) Key words in the network domain name that contain other people’s registered trademark text , letters, etc.
2) Maliciously registering another person’s registered trademark name as his own domain name. The perpetrator knows that the well-known trademark, trade name or other logo belongs to others and has the right to do so. It consists of text, and also deliberately registers it as its own domain name, and then sells it to the owner of the intellectual property or its competitors at a high price.
3) It is on the web page Use other people's well-known trademarks, trade names, and product (service) names at will. The perpetrator uses the words, graphics, and images of other people's registered trademarks on his own web pages, or designs the graphics of other people's trademarks into the graphics of his own web pages, or uses them on the Internet In the link, feel free to use other people's well-known trademarks, font sizes, and product (service) names as link marks.
2. How to deal with trademark infringement
First of all, we must pay attention to the collection of evidence. Because only when the evidence is sufficient, it will be helpful for the administrative law enforcement agencies or judicial trial agencies to determine whether a certain behavior is Infringements should be identified as soon as possible. Therefore, evidence is a prerequisite that affects the handling of cases. In summary, the evidence mentioned here mainly refers to the following aspects:
1. Documents proving the prior rights of the infringed party (including trademark registration certificate, patent (patent patent application) certificate, copyright registration certificate, case-related award certificates, etc.).
2. Product samples of the infringed party.
3. Infringing product samples.
4. Proof of purchasing infringing products. This mainly refers to the purchase invoice. The invoice must indicate the name of the infringing product, the place where the infringing product was purchased, the price of the infringing product, the name of the seller, etc.
Secondly, you should consult a professional agency. Professionals will conduct a preliminary analysis of the case and provide professional advice on details.
The third step is to prepare a complaint or indictment. When preparing a complaint or indictment, attention should be paid to effectively combining facts and tone to facilitate the smooth progress of the case. Complaint The letter or indictment is the most direct cause that directly affects the progress of the case.It is recommended to entrust professionals to complete the work.
At the same time, my country’s Trademark Law clearly stipulates that “foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust an organization designated by the state to act as their agent.” In other words, when foreigners or foreign companies handle trademark infringement cases in China, they should entrust an organization designated by the state to represent them.
The fourth step is that the infringed party can request the industrial and commercial administrative department at or above the county level for handling. The relevant industrial and commercial administrative department has the right to order the infringer to immediately stop the infringement. The amount of compensation shall be the profits gained by the infringer due to the infringement during the infringement period or the losses suffered by the infringed party due to the infringement during the infringement period.
Okay, the above is the legal knowledge about copyright that Hua Lu editor brought to you today. I hope you have a complete understanding of this issue. , and let you know what to do next for the problem you encounter. If you encounter a problem such as trademark infringement, you must use legal weapons to defend yourself. If you need legal advice, please enter the Legal Savior website and consult a professional lawyer. I believe you will get a perfect answer.
