What are the forms of trademark infringement
1. Without the permission of the trademark registrant, infringement of the same trademark Use a trademark that is identical or similar to its Registered trademark on goods or similar goods.
This article can be divided into four forms of trademark infringement:
a. Accused of infringement The trademark is the same as the registered trademark, and the goods used by the alleged infringing trademark are also of the same category as the goods approved for use by the registered trademark.
b. The trademark accused of infringement is the same as the registered trademark, and the goods used in the accused trademark are similar to the goods approved for use by the registered trademark.
c. The trademark accused of infringement is similar to the registered trademark, and the trademark used by the accused trademark belongs to the same category as the goods approved for use by the registered trademark.
d. The trademark accused of infringement is similar to the registered trademark, and the goods used in the accused trademark are similar to the goods approved for use by the registered trademark.
2. Selling goods that infringe the exclusive rights of registered trademarks;
3. Counterfeiting or manufacturing without authorization Registered trademarks by others or sell counterfeit or unauthorized registered trademarks;
4. Without the consent of the trademark registrant, replace the registered trademark and replace the trademark The goods are put into the market again. This behavior is also called "reverse counterfeiting."
5. Causing other damage to others’ exclusive rights to registered trademarks. Article 1 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" stipulates: 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 the same 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 using 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 damaged;
6. 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, which may easily cause misunderstandings among the relevant public.
What to do if you encounter a trademark infringement dispute
There are several ways to resolve infringement disputes:
1. The advantages of negotiation are that it avoids complaints, does not hurt harmony, and can turn competitors into partners.
2. The advantage of requesting administrative agencies to handle the case is that the procedure is simple and fast, and the infringement can be stopped in a timely manner.
3. The advantage of filing a lawsuit in the People's Court is that it has many means and is highly effective, but the procedure is complicated.
The above is the content compiled by the editor for you. If you encounter trademark infringement, the two parties can negotiate to resolve it, and you can also file a lawsuit with the People's Court to claim your own rights. Trademark rights, infringers need to compensate. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
No comments yet. Say something...