Is it considered infringement if a trademark is used by others without registration?

Even if you have used a trademark without any registration record, there is no guarantee that it will not violate intellectual property laws. Suppose you use someone else's unregistered trademark without permission. If within five years after the trademark is approved for registration, the original trademark owner will be aware of this behavior and file a "declaration of trademark invalidity" with the Trademark Review and Adjudication Board. ” lawsuit, then the dispute surrounding whether this trademark constitutes infringement will evolve into a protracted legal dispute. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Is it considered infringement if a trademark is used by others without registration?

If the trademark has not been registered, there is a risk of infringing the rights of other rights owners; similarly , unauthorized use of unregistered trademarks may also constitute infringement.

If someone uses someone else's unregistered trademark without authorization and successfully completes it during this period Registration procedures: After five years from the date of trademark registration, if the original trademark owner becomes aware of this problem and submits a lawsuit application for "declaring the trademark invalid" to the Trademark Review and Adjudication Board of the State Intellectual Property Office, then whether the trademark The dispute over what constitutes infringement will trigger a protracted legal dispute.

Article 57 of the Trademark Law

Anyone who commits any of the following acts shall infringe the exclusive right to register a trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Using a trademark similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or in Using a trademark that is the same as or similar to its registered trademark on similar goods may easily lead to confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;

(6) Intentionally providing convenience for infringement of other people’s trademark rights

Help others to commit acts of infringement of trademark exclusive rights;

(7) Causing other damage to the exclusive right to use registered trademarks of others.

2. Trademark Infringement Compensation Standards 2024

If the intellectual property rights are infringed, the rights holder chooses to ask the people When the court files a lawsuit to seek legal relief, the specific criteria for determining compensation for trademark infringement are as follows:

(1) If the exclusive right of a trademark is infringed, the amount of compensation will be assessed based on the actual economic impact suffered by the right owner due to the infringement;

(2) However, when the actual damage is difficult to accurately measure, the amount of compensation can also be calculated based on the economic benefits obtained by the infringer from his infringement;

(3) If the economic losses of the rights owner or the infringer cannot be accurately determined If measured, the amount of compensation can be reasonably determined by referring to an appropriate multiple of the trademark license fee.

For those who maliciously infringe the exclusive rights of trademarks and the circumstances are serious, the amount of compensation will be based on Based on the amount determined by the above method, it should be increased between one and five times. At the same time, the amount of compensation should also include the reasonable costs paid by the rights owner to stop the infringement.