How to deal with trademark infringement
First, there is one of the infringements of trademark exclusive rights listed in the Trademark Law, causing disputes , 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.
Trademark Law provides legal definitions for infringement of trademark exclusive rights, including the following five types:
(1) Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant is a trademark infringement. 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) Selling goods that infringe the exclusive right of a registered trademark is a trademark infringement. This means that the seller of goods should not sell goods that infringe the exclusive right of a registered trademark. If sold, it is a trademark Infringement. However, it is not easy for everyone who sells goods to understand the use of trademarks on thousands or tens of thousands of goods. Therefore, it is necessary to consider the actual situation and correctly understand and Apply this legal provision.
(3) It is a trademark infringement act to forge or create without authorization a registered trademark of another person or to sell a forged or unauthorized registered trademark. 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. The trademark logo includes packaging, labels, seals, instructions, Certificates and other items. Precisely because trademark logos are a carrier that embodies exclusive rights to trademarks, the act of counterfeiting, manufacturing without authorization, or selling these trademark logos registered by others is a trademark infringement.
(4) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market is a trademark infringement. This infringement occurs due to business activities Changing the trademark without the consent of the trademark registrant is the so-called business behavior of putting the goods on the market after changing the trademark.
(5) Exclusive use of registered trademarks for others Any act that causes other damage to the rights of a registered trademark is also a trademark infringement. This item summarizes other trademark infringement acts that cannot be included in the above four items. This provision shows the most basic characteristics of infringement of the exclusive right to a registered trademark. It means causing damage to other people’s trademark exclusive rights. It can be said that whether damage is caused is an important indicator of infringement.
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