1. What are the regulations on trademark registration and infringement
1. Trademark The 2020 provisions of the Law on Infringement clarify what constitutes infringement of trademark rights. All acts that infringe upon the rights and interests of others’ registered trademarks are infringements of trademark rights. Behaviors that infringe on the exclusive rights of registered trademarks mainly include the following:
2. Using the same or similar products on the same or similar goods without the permission of the owner of the registered trademark. The act of registering a trademark that is identical or similar to a trademark.
3. The act of changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market. This behavior is also theoretically prohibited This is called "reverse impersonation".
4. The act of selling goods that infringes the exclusive rights of registered trademarks. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and indicate the supplier. Therefore, this form of trademark infringement requires subjective knowledge by the seller.
5. Forgery or unauthorized manufacture of registered trademarks of others or the act of selling forged or unauthorized registered trademarks. It should be noted that this infringement is a trademark infringement, including "manufacturing" and "sales".
6. Acts that cause other damage to the exclusive right to use registered trademarks of others.
7. Legal basis: Article 52 of the "Trademark Law of the People's Republic of China", using an unregistered trademark as a registered trademark, or using an unregistered trademark Anyone who violates the provisions of Article 10 of this Law shall be stopped by the local industrial and commercial administrative department, corrected within a time limit, and may be notified. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If the illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.
2. How to protect rights if a registered trademark is infringed
First of all, pay attention to the collection of evidence. Because only when there is sufficient evidence, it will be helpful for the administrative law enforcement agencies or the judicial organs to determine whether a certain act is an infringement as soon as possible. Therefore, evidence is a prerequisite that affects the handling of cases. In summary, the evidence mentioned here mainly refers to the following aspects:
1. Documents proving the prior rights of the infringed party (including trademark Registration certificate, patent (patent patent application, patent application) certificate, copyright registration certificate, case-related award certificate, etc.).
2. Product samples of the infringed party.
3. Samples of infringing products.
4. Proof of purchasing infringing products. This mainly refers to the purchase invoice. The invoice must indicate the name of the infringing product, the place where the infringing product was purchased, the price of the infringing product, the name of the seller, etc.
Secondly, you should consult a professional agency. Professionals will conduct a preliminary analysis of the case and provide professional advice on detailed issues.
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