How to judge trademark infringement

The so-called trademark refers to the pattern of a company or a product, which represents the image of a company and is the property of a company. In our country, trademarks are protected by law, so trademark infringement is an act that damages the legitimate rights and interests of others. Therefore, my country has clear penalties for trademark infringement. Today, the editor of Hualu has collected and organized legal knowledge in this area for everyone. I hope it will be helpful to you.

How to judge trademark infringement

For infringement of the exclusive right to register a trademark, According to Article 53 of the Trademark Law, the industrial and commercial administrative authorities may take the following measures to impose penalties.

(1) Order to stop infringement

The specific measures are as follows:

① Order to stop sales immediately;

② Confiscate and destroy infringing goods;

③ Confiscate and destroy tools specifically used to manufacture infringing goods and forge Registered trademarks.

(2) Impose a fine

For those who infringe the exclusive rights of registered trademarks but do not constitute a crime , the industrial and commercial administrative organs may impose a fine of less than 50% of the illegal business volume or less than five times the profits obtained from the infringement according to the circumstances; the directly responsible person of the infringing unit may be fined not more than 10,000 yuan according to the circumstances.

If the party concerned is dissatisfied with the above two treatments, the party concerned may file a lawsuit in the People's Court in accordance with the "Administrative Procedure Law of the People's Republic of China" within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the industrial and commercial administration authority shall apply to the People's Court for compulsory enforcement.

(3) Mediation on the amount of compensation for infringement of trademark exclusive rights

Processing At the request of the parties, the administrative department for industry and commerce may mediate the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties may file a lawsuit in the People's Court in accordance with the law.

Related knowledge

Procedure for identifying trademark infringement:

The process of identifying infringement of registered trademark rights has the following three basic steps:

1. Determine the scope of exclusive rights of registered trademarks

The scope of exclusive rights of registered trademarks is determined The basic basis for trademark infringement. All factors considered in determining whether trademark infringement can be identified or constituted are centered around the scope of rights of the exclusive right to register a trademark. According to the provisions of Article 51 of China's Trademark Law: "Registration The exclusive right to use a trademark is limited to the registered trademark and the goods approved for use. ". Obviously, from this provision, the scope of the exclusive right to register a trademark is limited to the approved trademark and the goods for which the registered trademark is approved. The scope is determined by two factors, one is the approved registered trademark; The second is the goods approved for use by the registered trademark. The combination of the two constitutes the scope of exclusive rights of the registered trademark, which also determines the standard for comparing trademark infringement with the object of the alleged infringement, so as to determine whether it constitutes Conclusion of infringement.

2. Determine the specific object of the alleged infringement

The alleged infringement The determination of the object is determined by two factors, one is the trademark that is accused of infringement, and the other is the goods used in the trademark that is accused of infringement. The significance of determining the specific object of the alleged infringement is to determine and solidify the nature of the alleged infringement. The carrier lays a solid foundation for the next step of comparison with the scope of protection of trademark rights. It is as important as determining the scope of exclusive rights to registered trademarks, and it is another comparison object for determining trademark infringement.

3. Compare the alleged infringement object with the registered trademark and the goods approved for use by the registered trademark

Confirm that the infringing object has been infringed Whether the trademark accused of infringement is the same as or similar to the registered trademark, and whether the goods used by the alleged infringing trademark are of the same category or similar to the goods certified to be used by the registered trademark. Through the three basic steps to identify infringement, especially After comparing the object of alleged infringement with the registered trademark and the goods approved for use by the registered trademark, it can be determined whether it constitutes trademark infringement.

Okay, the above is the legal knowledge about trademark infringement brought to you by Hualu editor today. I hope you have a complete understanding of this issue and can let you know what you are encountering. What should you do next if you encounter such a problem? If you encounter such a problem, you must use legal weapons to defend yourself. If you need legal consultation, please enter the Legal Savior Network and consult a professional lawyer. I believe you will be able to There is a perfect answer.