1. How to write a notice of product trademark infringement
1. Trademark rights A power of attorney from the person’s agent; a civil lawsuit; if the trademark owner feels it is necessary to preserve the infringement evidence before litigation, an application for evidence preservation must be submitted; if the trademark owner feels it is necessary to preserve the infringer’s property (such as the infringer's registered trademark, etc.), you need to submit an application for property preservation and pay the corresponding deposit; the trademark owner's proof of rights.
2. Legal basis: Article 57 of the "Trademark Law of the People's Republic of China" includes any of the following acts, which is an infringement of the exclusive right to use a registered trademark:
(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant:
(2) Without the permission of the trademark registrant, use a trademark similar to its registered trademark on the same kind of goods, or use it on similar goodsTrademarks that are identical or similar to registered trademarks and are likely to cause confusion:
(3) Selling goods that infringe the exclusive rights of registered trademarks:
(4) Counterfeiting or making without authorization the registered trademark signs of others or selling counterfeit or making without authorization
(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market:
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(6) Deliberately providing facilities for infringement of other people’s trademark exclusive rights and helpingHelping others to commit acts of infringement of trademark exclusive rights
(7) Causing other damage to others' registered trademark exclusive rights.
2. How to identify trademark infringing goods knowingly
1. The offender is subjectively aware of his fault, which means that the offender already knows or should know the fact that the goods sold are goods with counterfeit registered trademarks. The perpetrator uses the same or similar trademark as his registered trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark owner from using his registered trademark and damages the legitimate rights and interests of the trademark owner. The infringer is usually liable to stop the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal responsibility. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
