1. Is turning a trademark name upside down considered infringement?
It is considered an infringement; the concept of trademark infringement. Trademark infringement refers to violating the provisions of the law and using the same or similar goods or services without a trademark. Use of a logo that is identical or similar to a registered trademark without the consent of the trademark owner, thereby damaging the legitimate rights and interests of the trademark owner.
Inverting the trademark name is also a trademark similar to the original trademark, which meets the requirements for trademark infringement.
"Trademark Law"Article 57
Anyone who commits any of the following acts shall infringe 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) Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;(4) Counterfeiting or manufacturing without authorization for others Registering trademarks or selling counterfeit or unauthorized registered trademarks;
(5) Changing the registered trademark without the consent of the trademark registrant and replacing the registered trademark Products with trademarks are put into the market;
(6) Deliberately infringing on the exclusive rights of others’ trademarksProviding convenient conditions to help others commit acts of infringement of trademark exclusive rights;
(7) Causing other damage to others' registered trademark exclusive rights.
2. What is the use of finding a lawyer when encountering trademark infringement disputes?
Using professional knowledge, lawyers can provide clients with evidence of trademark infringement for investigation and evidence collection. Customers need to provide clear and unambiguous evidence to ensure that the company can quickly and accurately locate and handle infringements.
Hiring a lawyer is mainly to handle lawsuits and provide professional legal advice. In business operations, it is necessary to improve the awareness of brand protection of trademarks in order to prevent others from intending to infringe. After accepting the appointment for litigation, a lawyer shall appear in court to participate in the litigation, participate in court investigations and court debates, and state opinions and demands in accordance with the law.
3. What is the process of trademark infringement litigation?
1. Prosecution: Submit a complaint to the filing division of the court with jurisdiction.
2. Case filing: If the court considers that the case filing conditions are met after case filing review, it will notify the parties to pay the litigation fees, and the case will be filed after paying the fees.
3. After accepting the case, the court will serve a copy of the complaint to the other party, and the other party will make a defense.
4. Evidence exchange.
5. Held in court.
6. If the collegial panel makes a ruling in consultation and is dissatisfied with the ruling, it shall appeal to the higher people's court within 10 days from the date of service; Appeal to the higher people's court within 15 days from the date of the decision.
"Civil Procedure Law" Article 122 Prosecution Article
Prosecution must Meet the following conditions:
(1) The plaintiff is a citizen, legal person or other person who has a direct interest in the caseOrganization;
(2) There is a clear defendant;
(3) There is a specific defendant Litigation claims, facts and reasons;
(4) It falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit.
Article 123
A complaint shall be submitted to the People's Court, and files copies according to the number of defendants. If it is really difficult to write a complaint, the complaint can be filed orally, and the people's court will record it and inform the other party.
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