How to protect trademark exclusive rights
The methods for protecting exclusive rights to trademarks include:
(1) Administrative methods
For infringement of the exclusive rights of registered trademarks, the infringed party may complain to the industrial and commercial administration authorities at or above the county level, Request the industrial and commercial administrative authorities to investigate and deal with infringement cases. The industrial and commercial administration authorities will handle infringement cases that have not yet constituted a crime administratively, and transfer infringement cases that are suspected of constituting a crime to judicial organs to investigate the criminal liability of the infringer. If the party concerned is dissatisfied with the decision of the industrial and commercial administrative agency, he may file a lawsuit with the People's Court within the time limit specified in the notice. If no lawsuit is filed and performance is not performed upon expiration of the time limit, the relevant industrial and commercial administrative authorities shall apply to the People's Court for compulsory enforcement.
(2) Judicial methods
For infringement of the exclusive rights of registered trademarks, the infringed party may also directly file a lawsuit in the People's Court. The People's Court protects the legitimate rights and interests of trademark owners through trial procedures.
What to do if the trademark is infringed
According to the provisions of the Trademark Law, anyone who infringes upon the exclusive right to use a registered trademark may complain or report to the industrial and commercial administration authority at or above the county level where the infringer is located or where the infringement occurred. The industrial and commercial office is an agency dispatched by the county-level industrial and commercial administration agency and can accept complaints from complainants. Complaints should generally be in writing, specifying the relevant circumstances and providing relevant evidence, such as the name and address of the suspected infringer, the place where the alleged infringement occurred (the place where it was discovered), the allegedly infringing trademark logo or items (photos, photocopies), etc. . At the same time, the complainant can also make a complaint to the industrial and commercial administration authority by phone. If a trademark registrant makes a complaint to the industrial and commercial administrative agency and requests protection of its trademark exclusive rights, it shall submit a written complaint application and attach its valid certificate of rights. After the industrial and commercial administration authorities have filed and handled the case complained by the trademark registrant, they shall notify the complainant of the handling results.
The state continues to strengthen the protection of exclusive rights to registered trademarks , not only to protect the legitimate interests of trademark owners, but also to enable my country's trademarks to achieve rapid development. As for specific protection methods, the editor of Legal Savior Network has summarized two types for you above, namely administrative methods and judicial methods.
The above is what the editor of Hualu compiled for you Regarding knowledge, if you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly entrust a Legal Savior Network lawyer to help you get out of your legal dilemma.
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