Protection of exclusive rights to trademarks provided by lawWhat are the ways
(1) Administrative approach
For acts that infringe on the exclusive right to use a registered trademark, the parties may negotiate to resolve the matter. If they are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may complain to the industrial and commercial administration at or above the county level and request the industrial and commercial administration to investigate the infringement case. Conduct investigation. The industrial and commercial administration authorities will handle infringement cases that have not yet constituted a crime administratively, and transfer infringement cases that are suspected of constituting a crime to judicial organs to investigate the criminal liability of the infringer.
(2) Judicial channels
For infringement of the exclusive rights of a registered trademark, the trademark registrant or interested party may or may directly file a lawsuit with the People's Court. The People's Court protects the legitimate rights and interests of the holder of the exclusive right to a trademark through trial procedures.
Administrative complaints about trademark infringement
Anyone who infringes upon the exclusive right to use a registered trademark can complain or report to the industrial and commercial administration authorities at or above the county level. The industrial and commercial office is an agency dispatched by the industrial and commercial administration authorities at the county level and can accept complaints from complainants. Complaints are generally It should be in writing, stating the relevant situation and providing relevant evidence, such as the name and address of the suspected infringement, the place where the alleged infringement occurred, the suspected infringing trademark logo or items (photos, photocopies), etc., and also attach a valid copy of the trademark right holder Proof of rights. During the investigation and handling of trademark infringement cases, the industrial and commercial administration department may require the right holder to identify whether the goods involved are produced by the right holder or are products produced with its license.
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