Similar forms of trademark infringement
1. Using the company name to infringe on the trademark rights of others
Trademarks and corporate names are both intellectual property rights and are subject to different laws. Since the registration of trademarks and the registration of business names are not in the same department, and trademark registration is for the whole country, business names are only for county-level jurisdictions. Therefore, collision between registered trademarks and business names is unavoidable. In order to imitate famous brands, some criminals often register a company's trade name in Hong Kong or abroad with the same name as other people's famous and well-known trademarks, and then use their own company's trade name prominently on their products, labels and decorations, bills, and advertisements. Make consumers mistakenly believe that the company's products and registered trademarks are the same company.
Second, the patent right infringes upon the exclusive right of others to register a trademark
This type of illegal party is more likely to be involved than the former What is even more cunning is to apply for a patent for a design that is similar to someone else's registered trademark as a product packaging decoration. Once the patent certificate is obtained, it will be used on the product packaging in a high-sounding manner, thereby achieving the purpose of imitating the famous brand. If you want to accuse him of infringement, he will use the patent certificate as a shield. We believe that although the exclusive right to trademark and the exclusive right to design are both intellectual property rights and are regulated by the Trademark Law and Patent Law respectively, they should abide by the principle of good faith in the Civil Code and must not infringe on the rights of others. Priority. After the trademark owner applies to the Patent Office for cancellation of the infringing patent, the trademark infringement will be investigated and dealt with based on similar infringement.
3. Similar infringement of trademarks by using Chinese characters in other people’s trademarks as product names
Some A registered trademark is a trademark that is a combination of Chinese characters, graphics, English or Chinese pinyin.
4. The Chinese characters used in product names are similar to other people’s trademarks, which constitutes infringement
This kind of phenomenon is common. The parties involved in the crime often make a fuss about the Chinese characters in other people’s registered trademarks. Some of the characters are registered trademarks of others.The pronunciation is different, but the glyphs are similar.
5. Different arrangements of English or Chinese pinyin or different individual letters constitute similar infringement
This type of infringement The registered trademark of the infringed party in the case is often in English or Chinese Pinyin.
6. The combined use of two or more registered trademarks constitutes similar infringement
If youjia clothing The company applied to the National Trademark Office for two registered trademarks, "Ya" and "Gore", and then combined the two trademarks to become "Ya*er". Although there are differences in fonts, it still constitutes a near infringement of the well-known trademark "Ya*er".
7. Similar infringement of trademark graphics
Some parties involved in the crime are generally well-known in the world graphic trademark.
The appeal information is the relevant information about the manifestations of trademark infringement brought to you by the editor of Legal Savior Network. Now do you know what trademark infringement looks like? I hope it can solve your problem and help you. If you have any questions or other questions about the law, we also provide online consultation services. You are welcome to conduct online consultation.
No comments yet. Say something...