What to do if your trademark is infringed

We need to distinguish what constitutes infringement. Not all uses of Trademarks with the same name or similar appearance are trademark infringements. So, what should you do if your trademark is infringed? The editor of Legal Savior Network will give you detailed answers, hoping to help you.

What to do if your trademark is infringed

First, there is one of the infringements of trademark rights listed in the Trademark Law, causing Disputes shall be resolved through negotiation between the parties.

Second, for trademark infringement disputes, if the parties are unwilling to negotiate or the negotiation cannot be reached, the trademark registrant or interested party can file a lawsuit with the People's Court or request an industrial and commercial lawsuit. Handled by the administrative department.

Third, if the lawsuit is filed with the People's Court, it shall be carried out in accordance with legal procedures; if it is handled by the industrial and commercial administrative department, if the infringement is determined to be established during the handling, the person shall be ordered to Immediately stop infringement, confiscate and destroy infringing goods and tools specifically used to manufacture infringing goods and counterfeit registered trademarks, and may impose fines.

Fourth, if the party concerned is dissatisfied with the decision of the industrial and commercial administration department, he or she may file a lawsuit with the People's Court in accordance with the Administrative Litigation Law; , the industrial and commercial administrative department may apply to the People's Court for compulsory enforcement.

Fifth, the industrial and commercial administrative department that handles the case can mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties. If the mediation fails, the parties may mediate according to the File a lawsuit in the People's Court under the Civil Procedure Law.

Article 57 of China's "Trademark Law" stipulates that any of the following acts is an infringement of the exclusive right to register a trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Forging or manufacturing without authorization the registered trademarks of othersRecognize or sell counterfeit or unauthorized registered trademark signs;

(5) Without the consent of the trademark registrant, replace the registered trademark and sell the goods with the replaced trademark and put it into the market;

(6) Intentionally providing facilities for infringement of other people’s trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights;

(7) Causing other damage to the exclusive right to use registered trademarks of others.

In other words, those who use other people’s trademarks on the same or similar goods, sell these products, and provide counterfeit trademarks for these products , are all acts of infringement of trademark rights. 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.