What are the contents of the interpretation of the Supreme People's Court on several issues concerning the application of law in the trial of trademark civil disputes
Article 1 The following acts are acts that cause other damage to others’ exclusive rights to register trademarks as stipulated in Article 52 (5) of the Trademark Law:
(1) Prominently using words that are identical or similar to others’ Registered trademarks as the company’s trade name on the same or similar goods, which is likely to cause misunderstanding by the relevant public;
(2) Copying, imitating, or translating a well-known trademark registered by others or its main part as a trademark on different or dissimilar goods, misleading the public, causing the interests of the registrant of the well-known trademark to be potentially affected Damage;
(3) Registering words that are the same as or similar to others’ registered trademarks as domain names, and conducting e-commerce transactions of related goods through the domain names, It is easy for the relevant public to misunderstand.
Article 2: In accordance with the provisions of Article 13, Paragraph 1 of the Trademark Law, copying, imitating, or translating others’ well-known trademarks that have not been registered in China or their main parts , if it is used as a trademark on the same or similar goods and is likely to cause confusion, the person shall bear civil legal liability to stop the infringement.
Article 3 The trademark use license stipulated in Article 40 of the Trademark Law includes the following three categories:
(1) Exclusive use license means that the trademark registrant licenses the registered trademark to only one licensee for use within the agreed period, region and in the agreed manner, and the trademark registrant is not allowed to use the registered trademark in accordance with the agreement;
(2) Exclusive use license means that the trademark registrant licenses the registered trademark to only one licensee within the agreed period, region and in the agreed manner. The trademark registrant may use the registered trademark according to the agreement, but may not otherwise permit others to use the registered trademark;
(3) General use license means that the trademark registrant allows others to use its registered trademark within the agreed period, region and in the agreed manner, and can Use the registered trademark yourself and license others to use its registered trademark.
Article 4: Interested parties specified in Article 53 of the Trademark Law, including users of registered trademarks The licensee of the license contract, the legal successor of the property rights of the registered trademark, etc.
When the exclusive right to use a registered trademark is infringed, the licensee of the exclusive use license contract may file a lawsuit with the People's Court; the exclusive use license contract The licensee may file a lawsuit jointly with the trademark registrant, or he may file a lawsuit on his own without the trademark registrant suing; the licensee of a general use license contract may file a lawsuit with the express authorization of the trademark registrant.
Article 5: A trademark registrant or interested party files a renewal application within the extension period for a registered trademark and, before it is approved, accuses others of infringing upon his or her registered trademark. If a lawsuit is filed regarding exclusive rights, the people's court shall accept it.
The People's Court has jurisdiction over the place where the infringement is committed, where the infringing goods are stored or seized, and where the defendant is domiciled.
The storage place of infringing goods specified in the preceding paragraph refers to the place where large quantities or regular storage and concealment of infringing goods are made; the place of seizure and seizure refers to customs, industry and commerce, etc. Administrative agencies shall seal up and detain the location of infringing goods in accordance with the law.
Article 7: When a joint lawsuit is filed against multiple defendants involving different places where the infringement was committed, the plaintiff may choose the jurisdiction of the People's Court of the place where the infringement was committed by one of the defendants. ; If only a lawsuit is filed against one of the defendants, the people's court in the place where the defendant's infringement was committed shall have jurisdiction.
Article 8 The relevant public referred to in the Trademark Law refers to consumers related to a certain type of goods or services identified by a trademark and those related to the aforementioned goods or services. Marketing to other operators with whom we have close relationships.
Article 9 The trademarks specified in Article 52(1) of the Trademark Law are identical means that the trademark accused of infringement is similar to the plaintiff’s registered trademark. In comparison, there is basically no visual difference between the two.
Trademark similarity stipulated in Article 52 (1) of the Trademark Law refers to the glyph, pronunciation, and The meaning or the composition and color of the graphics, or the overall structure of the combination of its various elements, or the similarity of its three-dimensional shape and color combination, may easily cause the relevant public to misunderstand the source of the goods or think that their sources are different from those of the goods with the plaintiff’s registered trademark. specific connections.
Article 10: The people's court shall, in accordance with the provisions of Article 52 (1) of the Trademark Law, determine that trademarks are identical or similar in accordance with the following principles:
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(1) Based on the general attention of the relevant public;
(2) Both Comparing the overall trademark, as well as the main parts of the trademark, the comparison should be conducted separately with the comparison objects isolated;
(3) To determine whether a trademark is similar, the distinctiveness and popularity of the registered trademark requested for protection should be considered.
Article 11, Article 52, Item (1) of the Trademark Law Similar goods refer to goods that are identical in terms of functions, uses, production departments, sales channels, consumer objects, etc., or that are generally believed by the relevant public to be specifically related and likely to cause confusion.
Similar services refer to services that are the same in terms of service purpose, content, method, object, etc., or that are generally believed by the relevant public to be specifically related and likely to cause confusion. .
The similarity between goods and services means that there is a specific connection between the goods and services, which can easily confuse the relevant public.
Article 12: When determining whether goods or services are similar in accordance with Article 52(1) of the Trademark Law, the People’s Court shall base Comprehensive judgment on the general understanding of goods or services; 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.
Article 13 When the people's court determines the infringer's liability for compensation in accordance with the provisions of Article 56, paragraph 1, of the Trademark Law, it may choose the Calculation method Calculate the amount of compensation.
Article 14 The benefits obtained from infringement as stipulated in Paragraph 1 of Article 56 of the Trademark Law can be calculated based on the product of the sales volume of the infringing product and the unit profit of the product; if the unit profit of the product cannot be ascertained, the benefits obtained from the infringement shall be calculated according to the registered trademark product unit profit calculation.
Article 15 The losses suffered due to infringement as stipulated in Article 56 Paragraph 1 of the Trademark Law may be based on the goods caused by the infringement by the right holder. The reduction in sales or the sales volume of the infringing goods is calculated by multiplying the unit profit of the registered trademark goods.
Article 16 If it is difficult to determine the benefits gained by the infringer due to the infringement or the losses suffered by the infringed party due to the infringement, the people's court may The amount of compensation shall be determined ex officio according to the request or the provisions of Paragraph 2 of Article 56 of the Trademark Law shall be applied ex officio.
When determining the amount of compensation, the people's court shall consider the nature, duration and consequences of the infringement, the reputation of the trademark, the amount of the trademark license fee, the trademark license fee The type, time, scope and reasonable expenses to stop the infringement shall be determined comprehensively.
If the parties reach an agreement on the amount of compensation in accordance with the provisions of paragraph 1 of this article, it shall be allowed.
Reasonable expenses for investigation and evidence collection of infringement.
Based on the litigation claims of the parties and the specific circumstances of the case, the people's court may calculate attorney fees that comply with the regulations of the relevant state departments into the scope of compensation.
Article 18 The statute of limitations for infringement of the exclusive right to use a registered trademark is two years, starting from the date the trademark registrant or interested owner knew or should have known about the infringement. calculate. If the trademark registrant or interested party files a lawsuit more than two years ago, if the infringement is still continuing at the time of the lawsuit, within the validity period of the exclusive right to use the registered trademark, the people's court shall order the defendant to stop the infringement, and the amount of infringement damages shall be determined from the right holder. The calculation shall be calculated forward two years from the date of filing a lawsuit in the People's Court.
Article 19 If a trademark license contract is not filed, the validity of the license contract will not be affected, unless otherwise agreed by the parties.
If the trademark license contract is not filed with the Trademark Office, it may not fight against a bona fide third party.
Article 20 The transfer of a registered trademark will not affect the validity of the trademark license contract that was in effect before the transfer, unless otherwise agreed in the trademark license contract.
Article 21 When hearing cases involving disputes over infringement of the exclusive right to use a registered trademark, the people's court may decide the infringement in accordance with the provisions of Article 134 of the General Principles of the Civil Law, Article 53 of the Trademark Law and the specific circumstances of the case. The person shall bear civil responsibilities such as stopping the infringement, removing obstacles, eliminating danger, compensating for losses, and eliminating the impact. He may also impose civil penalties and confiscate infringing goods, counterfeit trademarks, and materials, tools, equipment, and other property specifically used to produce infringing goods. Sanction decision. The amount of the fine can be determined with reference to the relevant provisions of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China".
The industrial and commercial administration department will impose a penalty on the same infringement of the exclusive right to use a registered trademark. If an administrative penalty has been imposed, the People's Court will no longer impose civil sanctions.
Article 22: When hearing trademark dispute cases, the People's Court shall, based on the request and request of the parties, Depending on the specific circumstances of the case, whether the registered trademark involved is well-known can be determined in accordance with the law.
The determination of a well-known trademark should be carried out in accordance with the provisions of Article 14 of the Trademark Law.
If a party requests protection for a well-known trademark that has been recognized by the administrative authority or the People's Court, and the other party has no objection to the well-known trademark involved, the People's Court will no longer Review. If an objection is raised, the People's Court shall review it in accordance with the provisions of Article 14 of the Trademark Law.
Article 23 The provisions of this Interpretation on commodity trademarks shall apply For service marks.
If the relevant provisions before Article 24 are inconsistent with this interpretation, this interpretation shall prevail.
The above is the relevant introduction of the Supreme People's Court's interpretation of several issues concerning the application of law in the trial of trademark civil dispute cases. I hope it can help everyone. If you still need to know more, please pay attention to Legal Savior The official website of the website, consult our Law Savior Network lawyers online, we will serve you wholeheartedly.
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