What are the key points in trademark litigation
1. Trademark infringement
Trademark infringement means: the perpetrator uses the same or similar goods without the permission of the trademark owner Trademarks that are identical or similar to its registered trademark, or other behaviors that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. If the perpetrator sells goods that he knows or should have known are counterfeit registered trademarks, the natural person or legal person whose exclusive right to use the trademark has been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses.
Acts that bear the responsibility for compensation require compensation. If the infringer is liable, the infringer is usually liable to stop the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, criminal liability will also be borne. my country’s Criminal Law has provisions specifically targeting intellectual property crimes.
2. Elements constituting trademark infringement
Have the following four components, which constitutes the infringement of selling goods with counterfeit registered trademarks:
1) There must be illegal behavior, which means that the perpetrator has sold counterfeit registered trademark goods;
2) There must be a fact of damage, which means that the perpetrator's behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.
3〕The illegal actor is subjectively at fault, That is to say, the perpetrator already knows or should know the fact that the goods sold are goods with counterfeit registered trademarks.
4) There must be a relationship between the illegal act and the damaging consequences There is a causal relationship, which means that there is a causal relationship between the illegal actor's sales behavior and the damage caused to the trademark owner.
3. Trademark infringement Types
According to the "Trademark Law of the People's Republic of China" fifthArticle 17 stipulates the infringement of the exclusive rights of registered trademarks:
1. Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;
2. Use a trademark similar to its registered trademark on the same product without the permission of the trademark registrant, or use its registered trademark on similar products Identical or similar trademarks that are likely to cause confusion;
3. Selling goods that infringe the exclusive rights of registered trademarks;
4. Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks;
5. Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;
6. Intentionally providing facilities for infringement of other people’s trademark rights and helping others to infringe trademark rights
7. Registration for others Any other damage caused by the exclusive right to use the trademark;
The above is some legal knowledge about trademark infringement compiled by the editor. To sum up, if there is infringement, the infringer usually has to bear the responsibility to stop the infringement, knowingly or It should be known that the perpetrator of infringement is also responsible for compensation. If the circumstances are serious, he will also bear criminal liability. If you have other legal knowledge that you need to know, the Legal Savior Network also provides online legal knowledge consultation. You are welcome to seek legal knowledge. Consultation.
