How to deal with trademark infringement and how to protect rights
First, there is one of the infringements of trademark exclusive rights listed in the Trademark Law , if any dispute arises, it shall be resolved through negotiation between the parties.
Second, for trademark infringement disputes, if the parties are unwilling to negotiate or the negotiation cannot be reached, the trademark registrant or interested party can file a lawsuit with the People's Court or request an industrial and commercial lawsuit. Handled by the administrative department.
Third, if the lawsuit is filed with the People's Court, it shall be carried out in accordance with legal procedures; if it is handled by the industrial and commercial administrative department, if the infringement is determined to be established during the handling, the person shall be ordered to Immediately stop infringement, confiscate and destroy infringing goods and tools specifically used to manufacture infringing goods and counterfeit registered trademarks, and may impose fines.
Fourth, if the party concerned is dissatisfied with the decision of the industrial and commercial administration department, he or she may file a lawsuit with the People's Court in accordance with the Administrative Litigation Law; , the industrial and commercial administrative department may apply to the People's Court for compulsory enforcement.
Fifth, the industrial and commercial administrative department that handles the case can mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties. If the mediation fails, the parties may mediate according to the File a lawsuit in the People's Court under the Civil Procedure Law.
Manifestations of trademark infringement actions
(1) Without the permission of the trademark registrant, It is trademark infringement if a trademark that is identical or similar to its registered trademark is used on the same kind of goods or similar goods. The same kind of goods mentioned here refers to the same goods as the goods for which the registered trademark is approved; similar goods refer to the functions, uses, raw materials, sales channels, consumer objects, producers and operators of the goods, which are easy for consumers to use. It is difficult to identify the source of goods, resulting in misidentification and mis-purchase; identical trademarks refer to trademarks that are visually indistinguishable or have very subtle differences; similar trademarks refer to trademarks that are compared as a whole and are difficult to distinguish, causing consumers to confuse Mixed trademarks.
(2) Sales infringement registrationProducts with exclusive rights to a trademark are trademark infringements. This means that as a seller of goods, you should not sell goods that infringe the exclusive rights of a registered trademark. If you sell them, it is a trademark infringement. However, it is not an easy task for everyone who sells goods to understand the status of trademarks on thousands or tens of thousands of goods. Therefore, it is necessary to consider the actual situation and correctly understand and use this item. by law.
(3) It is a trademark infringement act to forge or create without authorization the registered trademark logo of others or to sell the registered trademark logo that is forged or manufactured without authorization. It should be emphasized here that a trademark is a sign that distinguishes the source of goods. Its tangible carrier is the trademark logo, and the trademark plays the role of identifying the goods through the trademark logo. Trademark identification includes trademarked packaging, labels, seals, instructions, certificates and other items. Precisely because a trademark logo is a carrier that embodies the exclusive right to use a trademark, the act of counterfeiting, creating without authorization, or selling these trademark logos registered by others is a trademark infringement act.
(4) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market is a trademark infringement. This infringement occurs because the trademark is changed without the consent of the trademark registrant in the business operation. The so-called business operation is to put the goods on the market after changing the trademark.
(5) Any act that causes other damage to the exclusive right to use a registered trademark of others is also considered trademark infringement. This item summarizes other trademark infringement behaviors that cannot be included in the above four items. This provision shows that the most basic feature of infringement of the exclusive right to use a registered trademark is to cause damage to the exclusive right to use a registered trademark. It can be said that whether Damage caused is an important indicator of infringement.
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