1. How to deal with domain name disputes and well-known trademarks
1. Industrial and commercial administration When the department handles the case, if it determines that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the 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 may be imposed. If the fine is not more than five times the amount and there is no illegal business volume or the illegal business volume 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. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
2. For disputes 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 matter, or may file a dispute in accordance with the Civil Code of the People's Republic of China. Procedural 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 do not 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.
3. Legal basis: Article 60 of the Trademark Law.
2. What is the transfer of well-known trademarks
The transfer of a well-known trademark is the transfer of the trademark. After the transfer, it will still be a well-known trademark, and the validity of the well-known trademark will not change due to the transfer. According to the "Trademark Law", well-known trademarks have the following legal effects:
1. Legal basis: using a trademark that is identical or similar to someone else's well-known trademark on non-similar goods If an application for registration is likely to harm the rights and interests of the registrant of a well-known trademark, thereby causing adverse effects as mentioned in Article 8 (9) of the Trademark Law, the Trademark Office of the State Administration for Industry and Commerce shall reject the application.If the registration application has been registered, within five years from the date of registration, the well-known trademark registrant may request the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to cancel it, but there is no time limit for malicious registration.
2. Use a trademark that is the same as or similar to someone else's well-known trademark on non-similar goods, and it will imply that the goods have some kind of relationship with the well-known trademark registrant. If the rights and interests of the well-known trademark registrant may be harmed, the well-known trademark registrant may request the industrial and commercial administrative authorities to stop it within two years from the date of knowing or should have known about it.
3. From the date of recognition of a well-known trademark, others will use words that are identical or similar to the well-known trademark as part of the company name, which may cause public misunderstanding. If the registration is not approved by the industrial and commercial administrative authorities, the well-known trademark registrant may request the industrial and commercial administrative authorities to cancel it within two years from the date when it knows or should know.
During the trademark transfer process, if the trademark before the transfer is a well-known trademark, the trademark after the transfer will still be a well-known trademark, the legal effect of the trademark will not change, and the well-known trademark If the registrant finds that another company has the same or similar words as the trademark, he can request the Trademark Office to cancel the other party's trademark. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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