How to determine whether trademark rights are infringed

Criteria for determining trademark infringement: The perpetrator does not have the permission of the trademark registrant, or knowingly does not have the permission of the trademark registrant; the perpetrator commits illegal acts such as unauthorized use, counterfeiting, manufacturing, and selling of other people’s Registered trademarks; the perpetrator’s infringement The act is legally implicated in the actual losses suffered by the trademark owner. Regarding the question of how to determine whether trademark rights have been infringed, the editor of Legal Savior Network will give you a detailed answer below.

1. How to determine whether trademark rights have been infringed

1. Determine whether it is Standards for trademark infringement: The perpetrator does not have the permission of the trademark registrant, or knowingly does not have the permission of the trademark registrant; the perpetrator commits illegal acts such as unauthorized use, counterfeiting, manufacturing, and selling of other people’s registered trademarks; the perpetrator’s infringement behavior is consistent with The actual losses suffered by the trademark owner are legally implicated.

2. Legal basis: Article 57 of the "Trademark Law of the People's Republic of China", any of the following acts is an infringement of the exclusive right to register a trademark:

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

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;

Selling goods that infringe the exclusive rights of registered trademarks;

Forging or creating without authorization the registered trademark signs of others or Selling counterfeit or unauthorized registered trademarks;

Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market ;

Intentionally providing facilities for infringement of other people's exclusive trademark rights and helping others to carry out infringement of trademark exclusive rights;

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

2. How to solve the problem of trademark infringement

When trademark rights are infringed, the following three methods can be used to resolve the issue:

1. Negotiate with the infringer to resolve the issue. The main thing is to explain to the infringer that you own the trademark rights for this trademark, which of your actions infringed my trademark rights, and what losses you caused. You should stop the infringement and make compensation. You can also negotiate how to compensate and other matters.

2. Request local industrial and commercial administration authorities at or above the county level for administrative processing. When requesting handling from the industrial and commercial administrative authorities, a written request must be made. The request shall state the cause of the request, the legal basis for the request, the name and address of the requestor, the name of the infringer and the place where the infringement occurred, etc.

3. File a lawsuit in the People's Court. Submit a complaint as required and prepare relevant evidence. It is recommended that you hire a professional lawyer.

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