Is it infringing if a trademark is used in transaction documents?

Regarding the question of whether a trademark is infringing when used in transaction documents? Let’s take a look at it with the editor of Legal Savior.com.

1. Is it infringement if the trademark is used in transaction documents?

It does not constitute infringement. , to determine whether it constitutes trademark infringement, it is generally necessary to determine whether the alleged infringement constitutes the use of a trademark within the meaning of trademark law. The use of trademarks refers to the use of trademarks on goods, product packaging, containers, service venues and transaction documents, or the use of trademarks in advertising, exhibitions and other commercial activities to identify the source of goods or services. To determine whether a trademark is being used, factors such as the user's subjective intentions, usage methods, publicity methods, industry practices, and consumer awareness should be comprehensively considered.

To determine whether the trademarks are identical or similar, a comparison should be made between the right holder’s registered trademark and the allegedly infringing trademark. When judging a trademark that is identical or similar to a registered trademark, the general attention and cognition of the relevant public should be used as the standard, and the methods of isolated observation, overall comparison and main part comparison should be used for identification.

In the judgment of trademark infringement, similar trademarks are used on the same goods or services, or the same or similar trademarks are used on similar goods or similar services. Under the circumstances, it should also be judged whether it is likely to cause confusion.

2. How to calculate damages for trademark infringement?

1. The breaching party uses money to compensate the other party for the losses suffered due to its breach of contract. The laws of various countries consider damage compensation to be an important remedy. It is the most widely used remedy in the international sale of goods. However, the provisions on damage compensation in the laws of various countries often only involve the establishment of the liability of the breaching party, the scope of compensation and the method of compensation, and they are quite different.

2. Compensate for the damage caused. Compensation is the most important feature of debt litigation and the most important form of relief provided by common law. Under normal circumstances, compensation can make up for the plaintiff's losses, but in trademark infringement cases, the plaintiff is often most concerned about how to get the defendant to stop the infringement first, and then compensation.

Trademarks are used in transaction documents and do not constitute infringement. When the two parties signed the contract, there was a clear agreement on compensation in the event of infringement, which should be implemented in accordance with the contract; if there is no clear agreement, the actual compensation should be followed Compensate for losses. Stopping the infringement, eliminating the impact, restoring reputation, and compensating for losses are the main ways to bear tort liability.

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