1. What are the legal provisions for trademark infringement
1. The People's Republic of China Trademark Law
Chapter 7 Protection of the Exclusive Rights of Registered Trademarks
Article 51 Registered Trademarks The exclusive right is limited to the approved registered trademark and the approved products for use.
Article 52 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:
(1) Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant;
(2) ) Selling goods that infringe the exclusive rights of registered trademarks;
(3) Forging or manufacturing registered trademarks of others without authorization or selling registered trademarks that are forged or manufactured without authorization;
(4) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;
(5) Causing other damage to the exclusive right to use registered trademarks of others.
Article 56 The amount of compensation for infringement of trademark exclusive rights shall be the benefits obtained by the infringer due to the infringement during the infringement period, or the infringed party's Losses suffered due to infringement include reasonable expenses paid by the infringer to stop the infringement.
Compensation of less than 500,000 yuan shall be granted.
Selling goods that are not known to infringe the exclusive rights of registered trademarks, and if you can prove that you have obtained the goods legally and explain the supplier, you will not be held responsible.Liability.
2. Implementation Regulations of the Trademark Law of the People's Republic of China
Article 50: Any of the following acts , it is an act that infringes upon the exclusive right to use a registered trademark as referred to in Article 52, Item (5) of the Trademark Law:
(1) Infringement of the exclusive right to use a registered trademark on the same or similar goods Use a mark that is identical or similar to another person’s registered trademark as a trade name or product decoration to mislead the public; Provide convenient conditions for warehousing, transportation, mailing, concealment, etc.
Article 51: Anyone may complain or report any infringement of the exclusive right to use a registered trademark to the industrial and commercial administration department.
Article 52: For infringement of the exclusive rights of registered trademarks, the amount of fine shall be less than three times of the illegal business turnover; if the illegal business turnover cannot be calculated, the fine amount shall be Below 100,000 yuan.
Article 53 If a trademark owner believes that others have registered his well-known trademark as a business name, which may deceive the public or cause misunderstanding to the public, he may apply for business name registration The competent authority applies to cancel the registration of the enterprise name. The competent authority for enterprise name registration shall handle the matter in accordance with the "Regulations on the Administration of Enterprise Name Registration".
2. Performance of trademark infringement
1. The trademark registrant’s permission to use a trademark that is identical or similar to its registered trademark on the same or similar goods
"Use" here refers to any use of the trademark with The behavior of connecting goods is mainly to directly display trademarks on goods through printing, stamping, spraying, etc. or to attach items with trademarks to goods. The former is like the trademark on unpackaged soap, and the latter is like most goods. Trademark on product packaging. In addition, the use of trademarks in commercial documents and commercial advertisements also constitutes use of trademarks.
2. Those who sell products that infringe the exclusive rights of registered trademarks
As a product distributor, their distribution It can be a single product or thousands of products. The dealer cannot grasp the trademark registration status of each product, and it is impossible to distinguish the authenticity of all the products sold. Therefore, the law isWhile the sale of goods that infringe the exclusive right to a registered trademark is stipulated as an infringement of a registered trademark, in order to protect the legitimate interests of legitimate operators, the law provides special provisions on the infringement liability of product sellers, that is, the sale of goods without knowing that the exclusive right to use a registered trademark is infringed. If the product can prove its legal origin, it will not be liable for compensation. However, if the legitimate source of the goods cannot be proven or the goods are intentional, that is, if the goods sold are knowingly infringing the exclusive right of a registered trademark, the person shall be liable for compensation.
3. Forgery or unauthorized production of other people’s registered trademarks or sale of counterfeit or unauthorized production of other people’s registered trademarks
Counterfeiting refers to the production of other people’s registered trademarks through plagiarism and imitation without the registrant’s knowledge and authorization; unauthorized production generally refers to the trademark use licensing relationship between the maker of the trademark logo and the trademark registrant or the commissioned printing. The act of creating a trademark or logo other than the authorization of the trademark registrant.
4. Without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put into the market again
This behavior is often called "reverse passing off", and its harmful effect lies in hindering others from using the registered trademark.
5. Using a mark that is the same as or similar to another’s registered trademark as a product name or product decoration on the same or similar goods, misleading the public
p>
According to the explanation of the relevant departments, "misleading the public" does not require actual misunderstanding. As long as its use is likely to cause misunderstanding, it constitutes infringement.
6. Intentionally providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement of the exclusive rights of registered trademarks of others
The premise of this behavior is that the perpetrator has subjective intention, otherwise it will not constitute an infringement.
7. Causing other damage to others’ exclusive rights to registered trademarks
This behavior does not The precise extension is actually the authorization of law enforcers. With this authorization, law enforcers can sanction trademark infringements other than those mentioned above to prevent criminals from taking advantage of legal loopholes.
If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
