How does geographical name trademark infringement manifest itself?

Trademark registration is not easy. When we find that our registered trademark has been infringed and used by others, we need to defend our rights. However, we first need to judge whether an act is an infringement. So, how does infringement of place name trademarks manifest? ? Today, the editor of Legal Savior Network has compiled and summarized the following content for you, hoping to answer your questions.

How does geographical name trademark infringement behave?

First of all, we need to understand what is trademark infringement. Not all uses of trademarks with the same name or similar appearance are trademark infringements.

Article 57 of China’s Trademark Law It is stipulated that any of the following acts shall constitute 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 similar to its registered trademark on the same product without the permission of the trademark registrant, or using it on similar products Using a trademark that is identical or similar to its registered trademark on the Internet, which is likely to cause confusion;

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

(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Replace the registered trademark without the consent of the trademark registrant and replace the trademark The goods bearing the trademark have been put into the market;

(6 ) Intentionally providing facilities for infringement of the exclusive rights to trademarks of others and helping others to infringe the exclusive rights to trademarks;

(7) Causing other damage to the exclusive rights of others to register trademarks.

Secondly, we want Know how to determine whether an action constitutes trademark infringement.

(1) Whether there is objective fact of damage; ( 2) Whether the behavior is illegal;

( 3) Whether the existing damage was caused by illegal behavior; (4) Whether the behavior was intentional;

Finally, if it is determined that the trademark has been infringed, you can protect your rights through the following three ways.

First, negotiate with the infringing party to resolve the matter; Second, request the industrial and commercial administrative department to handle it; third, file a lawsuit with the People's Court;

Generally speaking, there is a possibility that negotiation or requesting the industrial and commercial administrative department to handle the matter cannot be reached or an agreement cannot be reached. In this case, you have to choose to file a lawsuit in the People's Court.

If you still have any questions, the Legal Savior Network is also Lawyer online consultation services are provided, and you are welcome to make legal consultations.