1. How to calculate trademark infringement
Any behavior that infringes upon the rights and interests of others’ registered trademarks, These are all trademark infringements. According to Article 57 of the Trademark Law, acts that infringe upon the exclusive right to use a registered trademark mainly include the following:
1. Without the permission of the registered trademark owner, The act of using a trademark that is identical or similar to a registered trademark on the same kind of goods or similar goods.
2. The act of changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market. This behavior is also called in theory It is an act of "reverse impersonation".
3. The act of selling goods that infringe the exclusive rights of registered trademarks. Combined with the provisions of Article 56, Paragraph 3 of the Trademark Law: If you sell goods that are not known to infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and explain the supplier. Therefore, this form Trademark infringement requires subjective knowledge by the seller.
4. Forgery or unauthorized manufacture of registered trademarks of others or selling forged or unauthorized registered trademarks. It should be noted that this infringement is a trademark infringement, including "manufacturing" and "sales".
5. Acts that cause other damage to the exclusive right to use registered trademarks of others.
2. How to protect trademark infringement
If your trademark is infringed, you can Protect rights through the following methods:
1. Negotiation between the parties
According to the 60th Trademark Law Article 1 stipulates that if an infringer infringes upon the trademark owner’s exclusive right to use a registered trademark, the parties may resolve the disputes arising therefrom through negotiation, and the trademark owner may claim infringement.The person must immediately stop the infringing behavior and destroy the infringing trademark logo, etc.
2. Industrial and commercial complaints and reports
When the trademark infringement dispute cannot be negotiated with the trademark infringer When solving the problem, the trademark owner can make a complaint or report to the relevant industrial and commercial authorities through the evidence materials of the trademark infringer's infringement collected in the early stage. When the industrial and commercial department handles the matter, if it is determined that the infringement is established, it can order the infringement to be stopped immediately, confiscate, and Destroy infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed, and the illegal business volume or the illegal business volume is less than 50,000 yuan may be confiscated. , a fine of not more than 250,000 yuan may be imposed.
3. Court litigation
When the trademark owner negotiates with the trademark infringer or files a lawsuit with the industry If the trademark infringement dispute cannot be resolved after complaints and reports, the trademark owner can submit the dispute to the court for settlement and make demands such as stopping the infringement, compensating for economic losses, publishing an apology in the newspaper, and eliminating the impact.
According to the laws of our country, using a trademark without the permission of the registered trademark owner and selling goods that infringe the exclusive rights of a registered trademark are trademark infringements. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.