How to defend your rights if a registered trademark is infringed
First of all, pay attention to the collection of evidence. Because only when there is sufficient evidence, it will be helpful for the administrative law enforcement agencies or the judicial organs to determine whether a certain act is an infringement as soon as possible. Therefore, evidence is a prerequisite that affects the handling of cases. In summary, the evidence mentioned here mainly refers to the following aspects:
1. Documents proving the prior rights of the infringed party (including trademark registration certificate, patent (patent patent application, patent application) certificate, copyright registration certificate, case-related award certificate, etc.).
2. Product samples of the infringed party.
3. Samples of infringing products.
4. Proof of purchasing infringing products. This mainly refers to the purchase invoice. The invoice must indicate the name of the infringing product, the place where the infringing product was purchased, the price of the infringing product, the name of the seller, etc.
Secondly, you should consult a professional agency. Professionals will conduct a preliminary analysis of the case and provide professional advice on detailed issues.
There are generally two ways to deal with infringement cases.
1. Administrative investigation and punishment.
However, using this method alone, it is difficult to exhaust the rights granted to the complainant by the law, especially the issue of damages. Generally speaking, the infringer will cause economic losses to the infringed party because of the infringement. At the same time, the complainant will invest a certain amount of money and manpower to stop the infringement. Many companies hope that the infringer will cause the infringement to be caused by the infringement. Provide certain financial compensation to the infringed party to make up for theThe losses suffered by the infringed party. However, due to certain difficulties in the execution process of requesting compensation through administrative agencies, the rights of the infringed party cannot be exhausted.
2. Litigation procedures.
This procedure is powerful in investigation and punishment. The complainant can, in accordance with relevant legal provisions, require the infringer to compensate the infringer for the losses caused to the infringed party by the infringement. compensation. However, the litigation process is relatively complicated and it is difficult for the complainant to implement it alone without the assistance of a professional lawyer.
The specific method to be adopted must be analyzed based on the specific circumstances of different cases.
The third step is to prepare a complaint or indictment. When preparing a complaint or indictment, attention should be paid to effectively combining facts and tone to facilitate the smooth progress of the case. The complaint or indictment is the most direct factor that directly affects the progress of the case. It is recommended to entrust professionals to complete it.
At the same time, my country’s Trademark Law clearly stipulates that “foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust an organization designated by the state to act as their agent.” In other words, when foreigners or foreign companies handle trademark infringement cases in China, they should entrust an organization designated by the state to represent them.
The fourth step is that the infringed party can request the industrial and commercial administrative department at or above the county level for handling. The relevant industrial and commercial administrative department has the right to order the infringer to immediately stop the infringement. The amount of compensation shall be the profits gained by the infringer due to the infringement during the infringement period or the losses suffered by the infringed party due to the infringement during the infringement period. If infringement of the exclusive right to use a registered trademark does not constitute a crime, the industrial and commercial administration department may impose a fine. If the party concerned is dissatisfied with the decision of the administrative department for industry and commerce to order the cessation of infringing activities and impose a fine, he or she may file a lawsuit with the People's Court within fifteen days of receiving the notice; if the party fails to file a lawsuit and fails to comply within the period of time, the relevant administrative department for industry and commerce shall apply to the People's Court for compulsory infringement. implement. In addition, for infringement of the exclusive right to use a registered trademark, the infringed party may also directly file a lawsuit in the People's Court. If counterfeiting someone else's registered trademark constitutes a crime, in addition to compensating the infringed party's losses, criminal liability will be pursued in accordance with the law. If a person forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law. Anyone who knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the losses of the infringed party, he will also be held criminally responsible in accordance with the law.
The above is the relevant knowledge about the above issues compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If you have any questions, you are welcome to enter the Legal Savior Network for consultation.
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