1. What does a sample trademark infringement letter include?
This lawyer accepts* *Biological Co., Ltd. (hereinafter referred to as XX) is entrusted to handle the matter concerning your bank’s letter claiming that ** Company has infringed the exclusive rights of the holding company’s trademark. We hereby write to you as follows regarding the relevant matters:
Trademark infringement cannot be established.
In your letter, you claimed that the relevant perpetrators have infringed the exclusive rights of registered trademarks such as "XX" by using XX and other trademarks in Appendix 2 of the letter. Our lawyer believes that the key to determining whether a trademark infringement is established depends on whether the trademark used by the perpetrator is identical or similar to someone else’s registered trademark.
1. About the "XX" and "XXD" registered trademarks
XXXX and registered trademarks "XX" and "XXD" both consist of three or more Chinese characters or foreign languages, but "XX" and XX have one Chinese character that is different from each other. The Chinese trademark XX and the foreign language XX are used at the same time. The two are obviously different in form, and The overall meaning is significantly different and will not cause the relevant public to misunderstand the source of the goods. Therefore, the XXXX trademark is not identical or similar to the "XX" and "XXD" registered trademarks.
2. About the "XX" registered trademark
According to my country's trademark examination standards and practices for identical or similar trademarks, when a trademark consists of only two Chinese characters, if only one Chinese character is the same, it will generally not be judged as a similar trademark. Both the Shanwei trademark and the "XX" registered trademark are composed of two Chinese characters, but one Chinese character is different, and the pronunciation, shape and meaning of the two characters are significantly different. Therefore, the Shanwei trademark and the "XX" registered trademark are not identical or similar.
3. About "XX Color Column ChartCase" registered trademark
Our lawyer noticed that the exclusive right period of the trademark "XX Color Column Pattern" is from xx to xx, so before xx, the trademark Exclusive rights are not protected by law. Today is xx, and the trademark "XX Color Column Pattern" has not yet begun to be protected by law, so there is no need to make a review and judgment that the trademarks are identical or similar.
Lawyers believe that since trademarks such as XXXX and Shanwei are not identical or similar to registered trademarks such as "XX", "XXD" and "XX", the use of XXXX, Shanwei and other trademarks by relevant actors does not constitute infringement. The exclusive right to register a trademark.
2. How to be sentenced for infringement of trademark rights?
Legal basis: According to Article 215 of the Criminal Law, counterfeiting or unauthorized manufacturing of registered trademarks of others or selling forged or unauthorized registered trademarks shall constitute the crime of counterfeiting registered trademarks. If the circumstances are serious, the person shall be punished. A person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined. Infringement of the trademark rights of others is the use of trademarks that are similar or identical to others (and Without the consent of others); if the trademark right has been infringed, you can negotiate and mediate first. If this fails, you can file a lawsuit with the People's Court and demand compensation.
To sum up, private use of an enterprise's trademark without the enterprise's permission is an infringement. The trademark owner can use legal weapons to safeguard rights and require the other party to stop the infringement and compensate for losses. If it constitutes the crime of counterfeiting a registered trademark, a fine will be imposed, depending on the circumstances. In serious cases, you will be sentenced to fixed-term imprisonment or criminal detention. For other legal issues related to trademarks, you are welcome to consult the online lawyers of the Legal Savior Network.
