How to protect trademark rights and fight counterfeiting
Trademark infringement refers to the act of infringing on the exclusive rights of others to register trademarks. Its expressions generally include the following:
1 , without the permission of the owner of the registered trademark, using a trademark that is identical or similar to the registered trademark on the same or similar goods;
2. Selling goods that are knowingly counterfeit registered trademarks;
3. Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks;
4. Distributing products that knowingly or should have known to infringe the exclusive rights of others’ registered trademarks;style="font-family:arial, helvetica, sans-serif;"> span>5. Use words or graphics that are identical or similar to others’ registered trademarks as product names or product decoration on the same or similar goods and are sufficient to cause misunderstanding;
6. Intentionally providing warehousing, transportation, mailing, concealment for infringement of the exclusive rights of others’ registered trademarks Convenient conditions;
7. Will be famous with others The use of identical or similar trademarks on non-similar goods will imply that the goods have some connection with the well-known trademark registrant, which may damage the rights and interests of the well-known trademark registrant;
8. From the date of recognition of the well-known trademark, others are identical or similar to the well-known trademark The text is used as part of the company name and may cause misunderstanding by the public.
9. Causing other damage to others’ exclusive rights to registered trademarks;
The following points are the key to combating infringement:
First, careful investigation and comprehensive collection of evidence materials are important prerequisites and guarantees for combating infringement and achieving success. In the processWhen conducting investigations, we should make full use of various investigation resources, especially local part-time investigators, and adopt a variety of flexible investigation forms to achieve concealed, in-depth, and accurate investigation results. In particular, the investigation must obtain accurate information on the following elements: the infringer, the specific form of infringement, the number of infringing goods, and the exact location where the infringement (or infringing goods) occurred. The evidence to be collected includes:
1. Infringement Proof of prior rights (including trademark registration certificate, etc.)
2. Samples of the infringed party's products
3 , Samples of infringing products
4. Proof of purchase of infringing products (Such as invoices, etc.)
Second, objective analysis Investigating intelligence and evidence materials, combined with the subjective tendencies of the right holders, to select practical ways to safeguard rights is an important intermediate link in combating infringements. Generally speaking, administrative investigation and handling procedures may be applied to infringement cases where the nature of the infringement is clear, the infringing goods are easy to hide and move, and the value of filing a lawsuit against the infringer is small. The main advantages of this method are that it is powerful and quick to investigate and deal with, and it can quickly crack down on counterfeiters and sellers, and it can effectively stop the spread of infringement. Litigation procedures may be applicable to cases where the infringer is relatively strong, the infringement and the sales volume of the infringing goods are easy to prove, and a claim can be considered. The advantage of using litigation procedures is that the investigation force is strong, and the complainant can file a claim against the infringer in accordance with relevant legal provisions. However, the litigation procedures are relatively complex and time consuming.
Third, prepare a complaint or indictment and submit it to the corresponding agency to request crackdown on infringement. This is the most important step in combating infringement. The level of preparation of the complaint (indictment) will directly Affects the success or failure of the case. The organization of evidence materials, argumentation and analysis of infringements, and the reasonableness of complaint requests are crucial. At the same time, good communication channels with the corresponding law enforcement agencies and cooperative actions based on trust are crucial to obtain An important factor in the success of the case.
Fourth, speed Effective and low-cost crackdown on infringement is the criterion for measuring the success of rights protection actions. Speed is necessary to prevent the spread of infringement and avoid continued damage to the legitimate rights and interests of right holders. Effectiveness means that rights protection actions should cause the infringer to suffer Severe crackdowns, infringements are curbed or even eliminated, which is called effective.
The above is the relevant content summarized by the editor of Legal Savior Network. If there is anything else you cannot understand about this article, you can find a lawyer for consultation and guidance through Legal Savior Network. They can tell you the answer directly.
