What are the ways to protect the rights of trademark infringement
1. Ways to protect trademark rights:
(1) Administrative approach
For infringement of the exclusive rights of registered trademarks, the infringed party may file a lawsuit with the industry and commerce department at or above the county level. The administrative agency complained and requested the industrial and commercial administrative agency to investigate and deal with the infringement case. (The industrial and commercial administration authorities will administratively handle infringement cases that have not yet constituted a crime, and will transfer infringement cases that are suspected of constituting a crime to judicial authorities to investigate the criminal liability of the infringer. If the party concerned is dissatisfied with the handling decision of the industrial and commercial administrative authorities, he or she may File a lawsuit with the People's Court within 15 days. If no lawsuit is filed and the performance is not performed within the time limit, the relevant industrial and commercial administrative agency shall apply to the People's Court for compulsory enforcement.)
(2) Judicial channels
Infringement of the exclusive rights of registered trademarks, infringementPeople can also file a lawsuit directly with the People's Court. (The people's court protects the legitimate rights and interests of the trademark owner through trial procedures.)
Administrative complaints about trademark infringement:
According to the provisions of the Trademark Law, anyone who infringes upon the exclusive right to use a registered trademark may lodge a complaint with the industrial and commercial administration at or above the county level where the infringer is located or where the infringement occurred. Or report. (The Industrial and Commercial Office is an agency of the county-level industrial and commercial administration and can accept complaints from complainants.) Complaints should generally be in writing, specifying the relevant circumstances and providing relevant evidence, such as the name and address of the suspected infringer, and the occurrence of the alleged infringement. The place (where it was discovered), the allegedly infringing trademark logo or items (photos, photocopies), etc.
At the same time, the complainant can also call the industrial and commercial department by phone Complaints to administrative agencies. If a trademark registrant makes a complaint to the industrial and commercial administrative agency and requests protection of its trademark exclusive rights, it shall submit a written complaint application and attach its valid certificate of rights. (After the administrative department for industry and commerce handles a case complained by a trademark registrant, it shall notify the complainant of the result.)
Court prosecution:
In addition, after trademark application or registration, we must diligently monitor the presence of similar or non-similar but closely related goods or products.In terms of services, we can provide information on the application and use of similar trademarks (mainly trademarks applied for later) by others, submit requests for trademark objections, disputes and cancellations to the trademark authorities in a timely manner, resolve potential or even actual conflicts of trademark rights, and safeguard our own trademarks. expedient.
When the exclusive right to use a trademark is infringed, we can Protection is provided through administrative or judicial channels, and when necessary, complaints can be lodged with the administration or the court. If you have any questions, please go to Legal Savior Network for lawyer consultation.
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