What are the main forms of infringement of trademark exclusive rights?

Walking on the street, I wonder if you have noticed the proprietary logos and Trademarks of some companies; or maybe you have seen trademarks on the items you purchased. A trademark is a standard and a symbol, and its owner has a right, the trademark right. Today, the editor of Legal Savior Network has compiled knowledge for us about the main manifestations of trademark infringement.

1. Main forms of infringement of trademark exclusive rights

1. "Trademark Article 52, Paragraph 1 of the Law: Use a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant;

2. Paragraph 2 of Article 52 of the "Trademark Law": Selling goods that infringe the exclusive right to register a trademark;

3. "Trademark Law" 》Article 52, Paragraph 3: Counterfeiting or making without authorization the registered trademark signs of others or selling counterfeit or making without authorization the registered trademark signs;

4. "Trademarks" Article 52, Paragraph 4 of the Law: Without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;

5. Paragraph 1 of Article 50 of the "Regulations for the Implementation of the Trademark Law": Using a mark that is identical or similar to another person's registered trademark on the same or similar goods as a trade name or product decoration to mislead the public

6. Paragraph 2 of Article 50 of the "Regulations for the Implementation of the Trademark Law": Intentionally providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement of the exclusive rights of others to register trademarks

7. "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" Article 1, Paragraph 1: Transferring a trademark that is identical or similar to another's registered trademark The prominent use of words as the company's trade name on the same or similar goods may easily lead to misunderstanding by the relevant public

8. "The Supreme People's Court on the Trial of Civil Disputes over Trademarks" Interpretation of Several Issues on Applicable Laws" Article 1, Paragraph 2: Copying, imitating, or translating a well-known trademark registered by others or its main part as a trademark on different or dissimilar goods misleads the public, causing the registrant of the well-known trademark to whose interests may be harmed

9. "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" Article 1, Paragraph 3: Register words that are the same as or similar to others' registered trademarks as domain names, and conduct related business through this domain name E-commerce for commodity transactions can easily cause misunderstandings among the relevant public.

II. Related Supplements (Trademark Rights)

1. The concept of trademark exclusive rights.

Trademark exclusive rights refers to the trademark owner’s registered trademark in accordance with the law. The exclusive rights enjoyed. Article 3 of the "Trademark Law" stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

2. The content of the exclusive right of a trademark.

The content of the exclusive right of a trademark refers to the rights enjoyed by the trademark registrant in accordance with the law, including the exclusive rights of the registered trademark. There are the right to use, the right to prohibit, the right to transfer, the right to license and the right to renew, etc. The most important of them are the exclusive right to use and the right to prohibit. The exclusive right to use a trademark is the product or product approved by the State Trademark Administration by the trademark registrant. The right to use its registered trademark on services. The right to prohibit trademark means that the trademark registrant can prohibit other units and individuals from using the same registered trademark on the same or similar goods or services as its approved goods or services without permission. or similar trademark rights.

"Trademark Law" and its Implementing Rules "Trademark Law" is the basic law for the protection of exclusive rights to trademarks. It is governed by China's highest legislative body nationwide. Formulated by the Standing Committee of the People's Congress and implemented on March 1, 1983, it strives to make trademark registration applications, reviews, registrations and protections comply with international standards. In order to further increase the crackdown on trademark infringement and counterfeiting, the Chinese Legislature in 1993 The law was revised in 2006, and the protection of service marks was included in the scope of adjustment of the law. Complementing the Trademark Law is the Implementation Rules of the Trademark Law promulgated by the State Council. The content involves other aspects of the protection of exclusive rights to trademarks. Laws: Among other laws, there are also contents related to the protection of exclusive rights to trademarks. These laws mainly include the "General Principles of Civil Law", "Criminal Law", and "Anti-Unfair Competition Law." The "General Principles of Civil Law" stipulates the nature of trademark rights and the infringement of trademark rights. Civil legal liabilities are stipulated. The "Criminal Law" stipulates the constituent elements and corresponding penalties for crimes involving trademarks. The "Anti-Unfair Competition Law" focuses on provisions for trademark counterfeiting. Administrative Regulations Administrative Regulations and other normative documents After the promulgation and implementation of the Trademark Law, the State Administration for Industry and Commerce formulated a number of supporting administrative regulations. The main ones are the "Trademark Printing Management Measures" and the "Well-known Trademark Recognitionand Management Interim Provisions", "Several Provisions on Enterprise Trademark Management", "Trademark Agency Management Measures", etc. The State Administration for Industry and Commerce and the Trademark Office have also formulated many normative documents on issues that are not clearly stipulated in the Trademark Law but need to be solved urgently in administrative enforcement, including the resolution of legal conflicts between trademark rights and corporate name rights, and the protection of service marks. Protection and administrative enforcement measures, etc. Regulations and Regulations Local regulations and rules These regulations and rules are formulated by local legislative bodies and governments in accordance with the relevant spirit of the Trademark Law and in combination with the actual situation of local work. It mainly involves the protection of exclusive rights to trademarks, the fight against counterfeit and shoddy goods, and the identification of famous local trademarks. Relevant international conventions, multilateral and bilateral agreements mainly include the Paris Convention for the Protection of Industrial Property, the Madrid Agreement, the Protocol Relevant to the Madrid Agreement, the Nice Agreement and other international conventions, as well as the agreements between China and the United States and other countries on the protection of intellectual property rights. bilateral or multilateral agreements signed.

Trademark rights, like intellectual property rights, are the capital of their owners and cannot be imitated or secretly stolen. Once these illegal activities are discovered, severe action will be taken. punish. Therefore, never covet the rights of others and cause unnecessary trouble for yourself. If you still have questions and want to know more about this, please consult the online lawyers of Legal Savior Network.