1. How to identify product trademark infringement
1. Determine whether the registered trademark is exclusive scope of rights. Determine the specific object of the alleged infringement. Compare the differences between the two.
2. Legal basis:
According to the provisions of Article 57 of the Trademark Law, Anyone who commits any of the following acts shall infringe the exclusive rights of a registered trademark:
(1) Using the same trademark on the same product without the permission of the trademark registrant The registered trademark is the same as the trademark;
(2) Using a trademark similar to the registered trademark on the same kind of goods without the permission of the trademark registrant, or Using a trademark that is the same as or similar to its registered trademark on similar goods may easily lead to confusion;
(3) Selling goods that infringe the exclusive right to use a registered trademark;
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(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;
(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;
(6 ) Intentionally providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;
(7) Giving others the exclusive right to use registered trademarks causing other damage.
2. How to punish trademark infringement
According to Article 53 of the Trademark Law and Article 43 of the Implementing Rules of the Trademark Law, the industrial and commercial administrative authorities may take the following measures to punish those who infringe the exclusive right to use registered trademarks.
(1) Order to stop infringement
Order to stop sales immediately; confiscate and destroy infringing goods; confiscate , Destroy tools specifically used to manufacture infringing goods and forge registered trademarks.
(2) Imposition of fines
(3) Mediate on the amount of compensation for infringement of the exclusive right to use a trademark The amount of compensation for the exclusive right to use the trademark shall be mediated through mediation. If the mediation fails, the parties concerned may sue the People’s Court in accordance with the law.
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