What are the criteria for identifying online trademark rights?
First, determine the Registered trademark Secondly, the scope of exclusive rights must determine the specific object of the alleged infringement.
1. Determine the scope of exclusive rights for registered trademarks. The scope of exclusive rights of a registered trademark is the basic basis for determining trademark infringement.
All factors considered in determining whether a trademark infringement can be identified or constituted are centered around the scope of exclusive rights to a registered trademark. According to Article 51 of my country’s Trademark Law: “The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use.”
Obviously, from this provision, the scope of exclusive rights to a registered trademark is limited to the approved trademark and the goods approved for use by the registered trademark. The scope is determined by two factors, one is the approved registered trademark; the other is the goods approved for use of the registered trademark. The combination of the two constitutes the scope of exclusive rights of a registered trademark, which also determines the standard for comparing trademark infringement with the object of the alleged infringement in order to draw a conclusion as to whether it constitutes infringement.
2. Determine the specific object accused of infringement. The determination of the object of alleged infringement is determined by two factors:
First, the trademark accused of infringement
The second is the goods used by the trademark accused of infringement
The significance of determining the specific object of the alleged infringement is to determine and solidify the alleged infringement The carrier of behavior lays a solid foundation for the next step of comparison with the scope of protection of trademark rights. It is as important as determining the scope of exclusive rights to a registered trademark and is another comparison object for determining trademark infringement.
3. Compare the alleged infringement object with the registered trademark and the goods approved for use by the registered trademark, and determine whether the alleged infringing trademark is the same or similar to the registered trademark, and Whether the goods used by the alleged infringing trademark are of the same category or similar to the goods approved for use by the registered trademark.
Different litigation cases require different professional lawyers. When people encounter various legal difficulties when applying for online trademark rights, they can also go to the Legal Savior website to communicate with lawyers for help. solution.
