How to deal with trademark infringement
Ways to resolve the conflict between the two powers:
(1) Protection of well-known trademarks
For trade names and trademarks, the provisions on well-known trademarks break through the current separate legislative system. The protection is extended to the field of trade names.
(2) Coordination through existing legal interpretations Conflict between trade name rights and trademark rights.
Coordinate the conflict between trade name rights and trademark rights, you can by interpretation of existing law.
Adopt the "Trademark Law" and "Enterprise Name" The interpretation of flexible clauses in the Registration Management Regulations resolves the conflict between the two rights.For conflicting issues, the following principles should be followed:
1. The principle of expanding protection.
2. The principle of priority of rights.
3. The principle of prohibiting fraud and misleading.
Unified protection of trade names and trademarks can be achieved through Complete with an interpretation of current law. However, because there are many conflicts and loopholes in the current legal rules, it is difficult to completely solve this problem just through the interpretation of the current legislation. Legislation is the best way to solve this problem. To resolve the conflict between trade name rights and trademark rights through legislation, in addition to following the above three principles, attention should also be paid to distinguishing specific situations.
The protection of trade names and trademarks should be based on prior The main focus is on prevention
that is, between trade names and trademarks During registration, prior rights are regarded as respective prohibitive conditions. Here, the degree of prohibition on the registration of trade names and trademarks is different: if it is a well-known trademark, the use of the same trademark and trade name should be completely prohibited. That is, the owner of a well-known trademark has the right to prohibit others from using the well-known trademark in goods, services, and business names, regardless of whether there is a competitive relationship between the owner of the well-known trademark and others, or whether there is a possibility of confusion, misunderstanding, or deception.
Because "if the court allows or allows the 'Rolls-Royce' restaurant, 'Rolls-Royce' cafeteria, 'Rolls-Royce' pants, If 'Rolls-Royce' candy exists, then within ten years, the owner of 'Rolls-Royce' will no longer own this world-famous trademark." As for general trademarks and trade names, the use of corresponding trade names or trademarks Prohibited, the principle of prohibiting fraud and misleading shall be followed. Because general trade names and trademarks have limited influence, the application of the prohibition of fraud and misleading principles can provide adequate protection for rights holders. If it is completely prohibited, it will inevitably lead to a significant increase in search costs and may even cause confusion in the use of trade names and trademarks.
For the orderly development of the modern market economy, the resolution of the contradiction between trade names and trademarks cannot be slacked off. We must take practical measures from all aspects to adjust the dispute between the two powers. In summary, today the legal lecture prepared by the editor of Legal Savior Network for you is over. I hope it is a bathing in the ocean of law for you. If you also have such a problem, if you are also troubled by such a thing, the Legal Savior Network also provides online lawyer consultation services. You are welcome to come here for legal consultation.
