How to deal with brand name infringement
The exclusive right to trademark is a kind of property right , protected by law; the legitimate rights and interests of registered trademarks are also protected by the trademark management order in accordance with the law. The handling of trademark infringements is stipulated in the Trademark Law, which has the following meanings:
1. If there is any infringement of trademark exclusive rights listed in the Trademark Law and a dispute arises, it shall be resolved through negotiation between the parties.
2. For trademark infringement disputes, 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, You can also request the industrial and commercial administration department to handle it.
3. If a 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.
4. If the party concerned is dissatisfied with the decision of the industrial and commercial administration department, he may file a lawsuit with the People's Court in accordance with the Administrative Procedure Law; , the industrial and commercial administrative department may apply to the People's Court for compulsory enforcement.
5. The industrial and commercial administrative department that handles the case may 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.
The above legal provisions are based on the legal characteristics of trademark infringement and different legal relationships. They are reasonable, appropriate, strict and well-defined. Responsibilities are clear.
What are the circumstances of trademark infringement
The Trademark Law provides legal provisions for infringement of trademark exclusive rights. There are five definitions:
(1) Using the same or similar registered trademark on the same goods or similar goods without the permission of the trademark registrant; Similar trademarks are trademark infringements. The same kind of goods referred to here refer to the same goods as the goods for which the registered trademark is approved; similar goods refer to the functions, uses, raw materials, sales channels, consumption objects, etc. of the goods. Producers and operators, etc., may easily make it difficult for consumers to identify the source of goods, leading to misunderstandings and mis-purchases; identical trademarks refer to trademarks that are visually indistinguishable or have very subtle differences; similar trademarks refer to trademarks that have been modified The overall comparison makes it difficult to distinguish, causing consumers to confuse trademarks.
(2) Selling goods that infringe the exclusive rights of a registered trademark is a trademark infringement. This is It means that sellers of goods should not sell goods that infringe the exclusive rights of registered trademarks. If they are sold, it is an act of trademark infringement. But everyone who sells goods must understand thousands or tens of thousands of goods. It is not an easy task to use a trademark, so we must consider the actual situation and correctly understand and apply this legal provision.
(3) It is a trademark infringement act to forge or manufacture the registered trademark logo of others without authorization or to sell the registered trademark logo that is forged or manufactured without authorization. It should be emphasized here that a trademark is a sign that distinguishes the source of goods. Its tangible carrier is the trademark logo, and the trademark is passed through Trademark logos play the role of identifying goods. Trademark logos include packaging, labels, seals, instructions, certificates and other items with trademarks. It is precisely because trademark logos are a carrier that embodies the exclusive right of a trademark, so counterfeiting and unauthorized manufacturing The act of others registering trademarks or selling these trademarks is trademark infringement.
(4) Without the consent of the trademark registrant, changing the registered trademark and replacing the trademark If the goods with a changed trademark are put on the market again, it is a trademark infringement. This infringement occurs because the trademark is changed without the consent of the trademark registrant during the business operation. The so-called business operation is to put the goods on the market after changing the trademark. .
(5) Any act that causes other damage to the exclusive right to use a registered trademark of others is also a trademark infringement. This item summarizes the above four items that cannot be Other trademark infringements are included. This provision shows that the most basic feature of infringement of the exclusive right to use a registered trademark is to infringe upon the exclusive right to use a registered trademark.It can be said that whether the use of rights causes damage is an important indicator of whether there is infringement.
To sum up, through the brief introduction above, I believe everyone already knows that if there is an infringement of a brand name, it can be handled through negotiation first by the parties involved. , or you can file a lawsuit with the People's Court, or you can request the industrial and commercial administrative department to handle it. If you encounter a dispute in this area and are not sure what to do, you can entrust the professional lawyers on our Legal Savior Network website to help you deal with it.
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