Can I sue for infringement if my company name is used as a preemptively registered trademark?

Trademark infringement refers to the use of a Trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark owner from using its registered trademark and damages the legitimate rights and interests of the trademark owner. Behavior. So, if a company name is used as a registered trademark, can it be sued for infringement? The editor of Legal Savior Network will give you the corresponding answers below for your reference and study. I hope the following answers will be helpful to you.

1. Can I sue for infringement if my company name is used as a registered trademark?

Yes .

If a company's name is used as a registered trademark enough to confuse the relevant public about the source of its goods, a lawsuit can be filed.

According to the provisions of the Trademark Law, trademark owners can choose the following two legal channels to assert their rights:

1. File an objection to the Trademark Office for the trademark announced in the preliminary review;

2. File a dispute with the Trademark Review and Adjudication Board for the registered trademark .

Article 60 of the Trademark Law stipulates that if any of the acts that infringe on the exclusive right to use a registered trademark as listed in Article 57 of this Law causes a dispute, The matter shall be settled through negotiation between the parties; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.

If the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used in the manufacture of infringing goods and counterfeit goods. Tools with 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; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed .

Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

Compensation for infringement of trademark exclusive rightsFor disputes over the amount of compensation, the parties may request mediation by the industrial and commercial administrative department handling the dispute, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

If the parties fail to reach an agreement after mediation by the industrial and commercial administration department or do not perform the mediation letter after it takes effect, the parties may file a lawsuit with the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. Prosecution.

2. How to judge trademark infringement and identification of trademark infringement

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According to Article 52 of the Trademark Law, acts that infringe upon the exclusive right to use a registered trademark mainly include the following:

1. Use of a trademark that is identical or similar to a registered trademark on the same or similar goods without the permission of the owner of the registered trademark.

2. The act of changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market. This behavior is also theoretically prohibited This is called "reverse impersonation".

3. The act of selling goods that infringes the exclusive rights of registered trademarks. Combined with the provisions of Article 56, Paragraph 3 of the Trademark Law: If you sell goods that are not known to infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and explain the supplier. Therefore, this form Trademark infringement requires subjective knowledge by the seller.

4. Forgery or unauthorized manufacture of registered trademarks of others or selling forged or unauthorized registered trademarks. It should be noted that this infringement is a trademark infringement, including "manufacturing" and "sales".

5. Acts that cause other damage to the exclusive right to use registered trademarks of others.

The above knowledge is the editor’s answer to the question “Can I sue for infringement if my company name is used as a registered trademark?” It can be seen that if the name of your company is used by others, If it is used as a trademark, it is definitely not allowed, and it also violates the provisions of the law. If this matter brings a great negative impact to the company, then you can directly go through legal procedures to protect your reputation. oneWe must persist to the end. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.