What should you do if there is similar trademark infringement
If you find that a trademark has been infringed, you should take active measures to protect your rights. .
The first step is to collect evidence. Because only when there is sufficient evidence, it will be helpful for the administrative law enforcement agencies or the judicial organs to determine whether a certain act is an infringement as soon as possible.
The second step is to consult a professional agency. Professionals will conduct a preliminary analysis of the case and provide professional advice on detailed issues.
The third step is to prepare a complaint or indictment. When preparing a complaint or indictment, attention should be paid to effectively combining facts and tone to facilitate the smooth progress of the case. The complaint or indictment is the most direct factor that directly affects the progress of the case. It is recommended to entrust professionals to complete it.
The fourth step is that the infringed party can request the industrial and commercial administrative department at or above the county level for handling. The relevant industrial and commercial administrative department has the right to order the infringer to immediately stop the infringement. The amount of compensation shall be the profits gained by the infringer due to the infringement during the infringement period or the losses suffered by the infringed party due to the infringement during the infringement period.
Concerning the statute of limitations for trademark infringement litigation, there is nothing special about the statute of limitations for trademark infringement and general infringement. According to the General Principles of Civil Law of my country, the statute of limitations for trademark infringement is three years, and the statute of limitations is calculated from the time when the person knew or should have known that the right had been damaged. If the infringement is a one-time infringement, there will generally be no problem in applying the three-year statute of limitations. However, if the infringement is continuous and the trademark owner knew or should have known about it for more than three years, the question of whether protection is needed will arise.
One opinion is that the provisions of the General Principles of Civil Law should be strictly applied. Since the trademark owner clearly knows that there is infringement but ignores the statute of limitations and fails to take timely measures, he should naturally Bear unprotected consequences;
Another opinion holds that for consecutive intellectual property infringements, more than three years have passed from the date the right holder knew or should have known to the date the right holder filed a lawsuit in the People's Court. , the people's court will not simply reject the right holder's claim on the grounds that the statute of limitations has expired. During the period when the intellectual property rights are protected by law, the people's court should order the defendant to stop the infringement, and the amount of infringement damages shall be submitted from the right holder to the people's court The calculation is calculated forward three years from the date of filing the lawsuit. Infringement damage exceeding three years will not be protected.
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