1. What are the specific types of trademark infringement?
(1) The act of using words, graphics, or combinations of words, graphics, or combinations thereof that are similar or identical to a registered trademark on the same goods or services. It is worth pointing out that when the same words as a registered trademark are used on the same goods, it is sometimes difficult to determine whether they are the same goods. Although the two goods are actually the same goods, their names and functions may be completely different.
(2) The act of using words, graphics or combinations thereof that are identical or similar to a registered trademark on similar goods or services.
(3) The act of using a registered trademark with a high reputation on non-similar goods or services.
(4) The act of using the same words, graphics, or combinations thereof as a registered trademark on services that are related to the goods, or using the same words, graphics, or combinations thereof with the services. The act of using the same words, graphics, or combinations thereof as a registered trademark on related goods. The key to determining whether goods and services are similar is whether there are similarities between the services and goods, and whether consumers are prone to confusion and misunderstanding between the goods and services when using the same or similar trademarks.
2. What is the standard of compensation for trademark infringement?
1. Criteria for determining the Amount of compensation
(1) Compensation for infringement of trademark exclusive rights The amount shall be determined based on the actual losses suffered by the right holder due to the infringement;
(2) If the actual losses are difficult to determine, the amount may be determined based on the actual losses gained by the infringer due to the infringement. Determination of interests;
(3) Loss or loss of the right holderIf the benefits obtained by the infringer are difficult to determine, they shall be reasonably determined by referring to the multiple of the trademark license fee;
(4) For malicious infringement of the exclusive right to use a trademark, the circumstances are serious , the amount of compensation may be determined not less than one time but not more than five times the amount determined according to the above method.
The amount of compensation shall include the reasonable expenses paid by the right owner to stop the infringement.
2. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits gained by the infringer due to the infringement, and the registered trademark license fee, the people's The court awarded a compensation of less than five million yuan based on the circumstances of the infringement.
Legal basis: "Trademark Law of the People's Republic of China"
Article 63 Infringement The amount of compensation for the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, it may be determined based on the benefits obtained by the infringer due to the infringement; it is difficult to determine the losses suffered by the right holder or the benefits obtained by the infringer. shall be reasonably determined by reference to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.
In order to determine the amount of compensation, the people's court may, if the right holder has tried its best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. Order the infringer to provide account books and materials related to the infringement; if the infringer fails to provide or provides false account books and materials, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the People's Court shall decide based on Depending on the circumstances of the infringement, a compensation of less than five million yuan may be awarded.
When hearing trademark dispute cases, the People's Court shall, at the request of the rights holder, order the destruction of goods belonging to counterfeit registered trademarks, except under special circumstances; goods mainly used for manufacturing Materials and tools used to counterfeit goods with registered trademarks shall be ordered to be destroyed without compensation; or in special circumstances, the aforementioned materials and tools may be ordered to be prohibited from entering commercial channels without compensation.
In summary, trademark infringement occurs without the consent of the trademark registrant.If you use the same or similar trademark, you will bear legal responsibility for this kind of behavior. Therefore, when dealing with it, you must first make a clear determination. If it is determined that the party is infringing, you can follow legal procedures to resolve it. . I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.