How to punish trademark infringement
The infringed party can request the industrial and commercial administration department at or above the county level for handling. The relevant industrial and commercial administration The management department has the right to order the infringer to immediately stop the infringement and compensate the infringed party for the losses. The amount of compensation shall be the profits gained by the infringer due to the infringement during the infringement period or the losses suffered by the infringed party due to the infringement during the infringement period. If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the industrial and commercial administrative department may impose a fine.
If the party concerned is dissatisfied with the industrial and commercial administrative department's order to stop infringement and fines, he may file a lawsuit with the People's Court within fifteen days of receiving the notice; upon expiration of the period If neither prosecution nor performance is instituted, the relevant industrial and commercial administrative departments shall apply to the People's Court for compulsory enforcement.
I have read the entire content of "Forms of Trademark Infringement and How to Punish Trademark Infringement". I hope it will be helpful to you. Trademark infringement not only causes damage to the trademark owner, but also violates the national trademark management system. While compensating the trademark owner for losses, the trademark management agency will impose administrative penalties based on the severity of the case. The owner of the exclusive right to a trademark can entrust a professional lawyer to request compensation from the trademark infringer and supervise the administrative actions of the trademark management agency. If you are dissatisfied with the administrative penalty, you may apply for reconsideration or litigation.
Forms of trademark infringement
1. Counterfeiting or counterfeiting
"Identical trademark" means that there is basically no visual difference between the trademark accused of infringement and the plaintiff's registered trademark. "Similar trademark" means that the trademark accused of infringement is similar to the plaintiff's registered trademark in terms of the glyphs, pronunciations, meanings, or the composition and color of graphics, or the overall structure of the combination of its elements, or its three-dimensional shape, The similar color combinations may easily cause the relevant public to misunderstand the source of the goods or think that their sources are specifically related to the goods with the plaintiff's registered trademark. "Similar goods" means the same in terms of functions, uses, production departments, sales channels, consumer objects, etc., orThe relevant public generally believes that there is a specific connection between them and the products are likely to cause confusion. When determining whether goods or services are similar, a comprehensive judgment should be made based on the general understanding of the goods or services by the relevant public. The International Classification of Goods and Services for Trademark Registration and the Classification Table of Similar Goods and Services can be used as a reference for judging similar goods or services.
The use of trademarks includes using trademarks on commodities, commodity packaging or containers, and commodity transaction documents, or using trademarks for advertising, exhibitions, and other commercial purposes. Active.
2. Selling goods that infringe trademark rights
The main body of this type of infringement is product dealers , regardless of whether the perpetrator is subjectively at fault, as long as the act of selling goods that infringes the exclusive rights of a registered trademark is carried out, it constitutes infringement. Only if the perpetrator is subjectively in good faith, he can be exempted from liability for compensation. Article 56, Paragraph 3 of the Trademark Law stipulates: If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you obtained the goods legally and explain the supplier, you will not be liable for compensation.
3. Forgery or unauthorized production of other people’s registered trademarks
Forgery or unauthorized production of other people’s registered trademarks Or selling counterfeit or unauthorized registered trademarks. This infringement is a trademark infringement issue, including "manufacturing" and "sales".
5. Change the registered trademark without the consent of the trademark registrant
Without the consent of the trademark registrant Agree, change its registered trademark and put the goods with the changed trademark back on the market. This behavior is also called reverse counterfeiting and trademark removal. Two elements must be met to constitute this kind of infringement: first, the perpetrator changes the trademark without the consent of the trademark owner; second, the goods with the changed trademark are put into the market for sale.
5. Acts that cause other damage to the exclusive right to use registered trademarks of others.
I believe you have found the relevant answers from the above. If you have other questions or the situation is complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
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