How to effectively protect trademark rights
1. Provide training to employees on trademarks and other intellectual property rights, and formulate corresponding rules and regulations to improve trademark protection awareness.
2. Entrust trademark agencies and professionals to The operation of trademarks is monitored in real time all year round to help enterprises establish an efficient intellectual property management system.
3. When conditions are ripe, apply for a well-known trademark and expand The scope and strength of trademark protection.
4. At the same time, enterprises also need to go through a variety of Understand the operation of the market through channels, promptly resort to legal means and take necessary measures for trademark infringements, and hold the infringers civil or even criminally responsible when necessary.
Trademark infringement
Trademark infringement refers to violation of legal provisions in businessDuring activities or for commercial purposes, unauthorized use of a trademark that is identical or similar to a registered trademark on the same or similar goods or services without the permission of the trademark owner is an act that infringes upon the legitimate rights and interests of the trademark owner.
Constituting requirements: The establishment of trademark infringement requires Four aspects of requirements.
First, there must be an illegal act. That is to say, the perpetrator objectively uses the registered trademark without obtaining the permission of the trademark owner or other legal basis, and his behavior is illegal. The perpetrator did not obtain the authorization or permission from the trademark registrant when he first used the trademark, but later obtained his permission or ratification, or the trademark registrant ignored it and expressed acquiescence after learning of the situation. This kind of behavior does not exist Illegal.
Second, there must be harmful consequences. Trademark right is an intangible intellectual property, and the damage caused to it may be tangible material damage, intangible economic loss, or both. Specifically, it can be manifested as a decrease in the sales volume of the trademark owner's products, a decrease in profits, an increase in production costs due to stopping infringement, a decrease in trademark credibility, and complaints from consumers.
Third, between the consequences of damage and illegal acts There is a causal relationship, that is, the damage is directly caused by the illegal act. This kind of causal relationship is diverse. There are direct causal relationships, such as counterfeiting registered trademarks; there are also indirect causal relationships, such as providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement. If the damage is caused by a series of actions, that is, multiple causes and one result, such as the actor forging trademarks, an intermediary responsible for transportation, or a seller selling goods with counterfeit registered trademarks, the perpetrators of the acts may become infringers. , constituting joint trademark infringement.
Fourth, the perpetrator has subjective faults, including intentionality and negligence. Intentionality means that the perpetrator subjectively knows that another person’s trademark has been approved for registration and he has no right to use it, but still uses the same trademark Or use a trademark that is the same or similar to someone else’s registered trademark on similar goods; negligence means that the perpetrator still uses the same or similar trademark as someone else’s registered trademark on the same or similar goods even though he should know subjectively that the trademark of others has been approved for registration. trademark.
The above content is the relevant answer, If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
