How to judge trademark infringement and identification of trademark infringement

Without the permission of the Registered trademark owner, use the same or similar registered trademark on the same or similar goods; without the consent of the trademark registrant, replace the registered trademark and put the goods with the replaced trademark into the market... and These actions constitute trademark infringement. The following introduces relevant knowledge to you.

1. How to judge trademark infringement and identification of trademark infringement

Based on According to Article 52 of the Trademark Law, acts that infringe upon the exclusive right to use a registered trademark mainly include the following:

1. Without the permission of the registered trademark owner, The act of using a trademark that is identical or similar to a registered trademark on the same kind of goods or similar goods.

2. The act of changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market. This behavior is also theoretically prohibited This is called "reverse impersonation".

3. The act of selling goods that infringes the exclusive rights of registered trademarks. Combined with the provisions of Article 56, Paragraph 3 of the Trademark Law: If you sell goods that are not known to infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and explain the supplier. Therefore, this form Trademark infringement requires subjective knowledge by the seller.

4. Forgery or unauthorized manufacture of registered trademarks of others or selling forged or unauthorized registered trademarks. It should be noted that this infringement is a trademark infringement, including "manufacturing" and "sales".

5. Acts that cause other damage to the exclusive right to use registered trademarks of others.

2. How to protect rights against trademark infringement

First, if there is any infringement of the exclusive right to use a trademark as listed in the Trademark Law, and a dispute arises, it shall be resolved through negotiation between the parties.

Second, for trademark infringement disputes, the partiesIf they are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter.

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, Order the infringement to cease immediately, confiscate and destroy the infringing goods and tools specially used to manufacture the 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 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 may mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties. If mediation fails, the parties may File a lawsuit with the People's Court in accordance with the Civil Procedure Law.