What is trademark infringement and how to protect your rights if a trademark is infringed
Trademark infringement is trademark infringement, which refers to the perpetrator Without the permission of the trademark owner, use a trademark that is identical or similar to its registered trademark on the same or similar goods, or otherwise interfere with or hinder the trademark owner's use of its registered trademark and damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to stop the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal liability.
(1) Using the same or similar trademark on the same or similar goods without the permission of the registered trademark owner;
(2) Selling goods that are knowingly counterfeiting other people’s registered trademarks;(3) Forgery or unauthorized production of goods registered by others Trademarks or sell counterfeit or unauthorized trademarks;
(4) Without the consent of the trademark registrant, replace the registered trademark and put the replaced goods back into the market market;
(5) Causing other damage to the exclusive right of registered trademarks of others. Mainly include:
① Use words and graphics that are identical or similar to others’ registered trademarks as product names or product decoration on the same or similar products to mislead the public ;
② Deliberately providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement of other people's exclusive rights to registered trademarks.
How to protect your rights if your trademark is infringed
If your trademark is infringed, you can protect your rights in the following ways:
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1. Negotiation between the parties
According to Article 60 of the Trademark Law, the infringer infringes the ownership of the trademark person’s exclusive right to register a trademark, the parties can negotiate and resolve the disputes arising therefrom, and the trademark owner can require the infringer to immediately stop the infringement, destroy the infringing trademark logo, etc.
2. Industrial and commercial complaints and reports
When the trademark infringement dispute cannot be negotiated with the trademark infringer When solving the problem, the trademark owner can make a complaint or report to the relevant industrial and commercial authorities through the evidence materials of the trademark infringer's infringement collected in the early stage. When the industrial and commercial department handles the matter, if it is determined that the infringement is established, it can order the infringement to be stopped immediately, confiscate, and Destroy infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed, and the illegal business volume or the illegal business volume is less than 50,000 yuan may be confiscated. , a fine of not more than 250,000 yuan may be imposed.
3. Court litigation
When the trademark owner negotiates with the trademark infringer or files a lawsuit with the industry If the trademark infringement dispute cannot be resolved after complaints and reports, the trademark owner can submit the dispute to the court for settlement and make demands such as stopping the infringement, compensating for economic losses, publishing an apology in the newspaper, and eliminating the impact.
The above is the relevant content compiled by the editor for you. If you have other questions, you can consult online with the lawyers at our Legal Savior Network.
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