1. What should I do if I don’t accept the judgment of confiscation and destruction of trademark infringement?
1. If you are dissatisfied with the judgment of confiscating and destroying trademark infringement, you can file an appeal request
If the party is dissatisfied with the first-instance judgment of the local people's court, the party has the right to appeal on the date of delivery of the judgment. File an appeal with the People's Court at the next higher level within fifteen days. If the party concerned is dissatisfied with the first-instance ruling of the local people's court, he or she has the right to appeal to the higher-level people's court within ten days from the date of delivery of the ruling.
2. After receiving the appeal petition, the people's court that originally tried it shall serve a copy of the appeal petition to the other party within five days, and the other party shall file the appeal within fifteen days from the date of receipt. File a statement of defense within days. The People's Court shall serve a copy to the appellant within five days from the date of receipt of the statement of defense. If the other party fails to submit a statement of defense, it will not affect the hearing of the People's Court.
After receiving the appeal and defense, the People's Court of the original instance shall submit them to the People's Court of the second instance together with all the case files and evidence within five days.
3. The people's court of second instance shall review the relevant facts and applicable law of the appeal request. The people's court of second instance shall form a collegial panel to hear appeal cases. After reviewing the files, investigating and questioning the parties, if no new facts, evidence or reasons are presented, the collegial panel may not hold a trial if it deems it unnecessary to hold a trial.
2. What are the components of trademark infringement?
The constituent elements of trademark infringement include that there must be an illegal act, there must be damage, there must be a causal relationship between the damage and the illegal act, and the perpetrator is subjectively at fault.
1. There must be illegal behavior
That is, the perpetrator objectively uses the registered trademark, both There is no permission from the trademark owner and no other legal basis., whose behavior is illegal. The perpetrator did not obtain the authorization or permission from the trademark registrant when he first used the trademark, but later obtained his permission or ratification, or the trademark registrant ignored it and expressed acquiescence after learning of the situation. This kind of behavior does not exist Illegal.
2. There must be damage.
Trademark right is a kind of intangible knowledge The damage caused to property rights may be tangible material damage, intangible economic loss, or both. Specifically, it can be manifested as a decrease in the sales volume of the trademark owner's products, a decrease in profits, an increase in production costs due to stopping infringement, a decrease in trademark credibility, and complaints from consumers.
3. There is a causal relationship between the damage consequences and the illegal behavior, that is, the damage consequences are directly caused by the illegal behavior.
This kind of causal relationship is diverse. There are direct causal relationships, such as counterfeiting registered trademarks; there are also indirect causal relationships, such as providing warehousing for infringements. , transportation, mailing, concealment and other convenient conditions. If the damage is caused by a series of actions, that is, multiple causes and one result, such as the actor forging trademarks, an intermediary responsible for transportation, or a seller selling goods with counterfeit registered trademarks, the perpetrators of the acts may become infringers. , constituting joint trademark infringement.
4. The perpetrator is subjectively at fault, including intentional and negligent.
[Warm Tips]The above is what the editor of Legal Savior Network summarized. This is based on the experience of current issues. Courts in different regions have subtle differences in trial standards. You must choose a professional lawyer to handle the case. Click for quick consultation to communicate with the lawyer one-on-one about your legal claims and safeguard your legitimate rights and interests!
