What are the rules for handling trademark infringements on websites
The exclusive right to trademark is a kind of property right and is protected by law; the legitimate rights and interests of registered trademarks are also maintained by the trademark management order in accordance with the law. There are several categories of handling of trademark infringement:
First, if there is one of the infringements of trademark exclusive rights listed in the Trademark Law, and a dispute arises, the party concerned shall Resolve through negotiation.
Secondly, for trademark infringement disputes, if the parties are unwilling to negotiate or the negotiation cannot be reached, the trademark registrant or interested party may file a lawsuit with the People's Court or request The industrial and commercial administration department shall handle it.
Third, if a lawsuit is filed with the People's Court, it shall be carried out in accordance with legal procedures; if it is handled by the industrial and commercial administrative department, if the infringement is determined to be established during the handling, Order the infringement to cease immediately, confiscate and destroy the infringing goods and tools specially used to manufacture the infringing goods and counterfeit registered trademarks, and may impose fines.
Fourth, the parties concerned have any objections to the industrial and commercial administration departments. If you are dissatisfied with the decision, you may file a lawsuit with the People's Court in accordance with the Administrative Litigation Law; if the infringer does not file a lawsuit or perform the infringement upon expiration of the time limit, the industrial and commercial administration department may apply to the People's Court for compulsory enforcement.
Fifth, the industrial and commercial administrative department that handles the case may mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties. If mediation fails, the parties may File a lawsuit with the People's Court in accordance with the Civil Procedure Law.
The above legal provisions are based on the legal characteristics of trademark infringement and different legal relationships. They are reasonable, appropriate, strict and well-defined. Responsibilities are clear.
The above is the legal knowledge of "Contents of Handling Rules for Website Trademark Infringement" introduced to you by the editor of Legal Savior Network. The exclusive right to trademark is a kind of property right and is protected by law; the legitimate rights and interests of registered trademarks are also maintained by the trademark management order in accordance with the law. According to the legal characteristics of trademark infringement and different legal relationships, the treatment should be reasonable, appropriate, strict and clear-cut, with clear rights and responsibilities. If you encounter such problems, please read the above content carefully. So I hope the above answers provided by the editor of Legal Savior Network can solve your problems. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
