How to protect the exclusive right of Registered trademarks
Trademark exclusive rights are protected through the following protection methods:
(1) Administrative approach
For infringement of the exclusive rights of registered trademarks, the infringed party may file a lawsuit with the industry and commerce department at or above the county level. The administrative agency complained and requested the industrial and commercial administrative agency to investigate and deal with the infringement case. The industrial and commercial administration authorities will handle infringement cases that have not yet constituted a crime administratively, and transfer infringement cases that are suspected of constituting a crime to judicial organs to investigate the criminal liability of the infringer. If the party concerned is dissatisfied with the decision of the industrial and commercial administrative agency, he may file a lawsuit with the People's Court within the time limit specified in the notice. If no lawsuit is filed and performance is not performed upon expiration of the time limit, the relevant industrial and commercial administrative authorities shall apply to the People's Court for compulsory enforcement.
(2) Judicial channels
For acts that infringe the exclusive rights of registered trademarks, the infringed party may also directly File a lawsuit with the People's Court. peopleThe people's courts safeguard the legitimate rights and interests of trademark owners through trial procedures.
Administrative complaints about trademark infringement
According to the provisions of the Trademark Law, anyone who infringes upon the exclusive right to use a registered trademark may complain or report to the industrial and commercial administration at or above the county level where the infringer is located or where the infringement occurred. The industrial and commercial office is an agency dispatched by the county-level industrial and commercial administration agency and can accept complaints from complainants. Complaints should generally be in writing, stating the relevant circumstances and providing relevant evidence, such as the name and address of the suspected infringement, the place where the alleged infringement occurred (the place of discovery), the allegedly infringing trademark logo or items (photos, photocopies), etc. .
At the same time, the complainant can also call the industrial and commercial department over the phone Complaints to administrative agencies. If a trademark registrant makes a complaint to the industrial and commercial administrative agency and requests protection of its trademark exclusive rights, it shall submit a written complaint application and attach its valid certificate of rights. After the industrial and commercial administration authorities have filed and handled the case complained by the trademark registrant, they shall notify the complainant of the handling results.
Issues that should be paid attention to when using trademarks
(1) Registered trademarks should Strictly use the trademark approved for registration and the goods or services approved for use on the Trademark Registration Certificate.
(2) The trademark registrant shall not change the trademark on his own Change the text, graphics or combination of the registered trademark; you are not allowed to change the name, address or other registration information of the registered trademark on your own.
(3) The trademark registrant uses its registered trademark beyond the scope of goods or services approved in the "Trademark Registration Certificate" and indicates the registered logo , is an illegal act of passing off a registered trademark.
( 4) The trademark registrant shall not transfer the registered trademark by himself.
(5) The trademark registrant has the obligation to use the registered trademark. If the registered trademark ceases to be used for three consecutive years from the date of approval, the trademark may be revoked in accordance with the law.
(6) If a trademark registrant allows others to use its registered trademark, it must sign a trademark license contract. The licensor shall Within the specified period from the date of signing of the license contract, a copy of the contract shall be submitted to the Trademark Office for filing of the trademark license contract.
In the actual operation process, it is recommended to seek professional advice and ask the professional lawyers of the Legal Savior Network to handle it, so as to safeguard your own and legal rights and interests to the maximum extent, and protect your Your interests will not be harmed. If you don’t understand anything, you can also find relevant legal provisions to solve it.
