1. What are the regulations for trademark infringement dispute cases
1. Trademark The provisions of infringement dispute cases include that you cannot use another person's trademark or a similar trademark without the permission of the trademark registrant.
2. Legal basis: Article 56 of the "Trademark Law of the People's Republic of China", the amount of compensation is "the amount of compensation for infringement of the exclusive right to use a trademark, for the infringer The benefits obtained by the infringement due to the infringement during the period of infringement, or the losses suffered by the infringed party due to the infringement during the period of infringement, include the reasonable expenses paid by the infringed party to stop the infringement. The benefits obtained by the infringer due to the infringement referred to in the preceding paragraph, Or if it is difficult to determine the losses suffered by the infringed party due to the infringement, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement." Reasonable expenses, including reasonable expenses for investigation and evidence collection. Depending on the specific circumstances, the court may include legal fees that comply with regulations into the scope of compensation.
2. How to deal with trademark infringement
If the trademark is infringed by others, you can protect your rights through administrative methods. That is, you can file a complaint with the industrial and commercial administration department, or you can also file a lawsuit directly with the court. The specific litigation process is as follows:
1. Prosecution: Submit a complaint to the filing division of the court with jurisdiction. The first-instance cases of trademark civil disputes shall be under the jurisdiction of the people's courts above the intermediate level. Each higher people's court may, based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, determine 1-2 basic people's courts in larger cities to accept first-instance trademark civil dispute cases. Civil lawsuits filed due to infringement of the exclusive right to use a registered trademark or infringement of the special protection rights of a well-known trademark shall be under the jurisdiction of the people's court in the place where the infringement is committed, the place where the infringing goods are stored, or the place where the infringement is seized or where the defendant is domiciled.
2. Case filing: If the court considers that the case filing conditions are met after review, the court will notify the parties to pay the litigation fees within 7 days, and the case will be filed after the payment.
3. After accepting the case, the court will serve a copy of the complaint to the other party within 5 days, and the other party will make a defense within 15 days.
4. Evidence exchange.
5. Held in court.
6. If the collegial panel makes a ruling or ruling in consultation, if you are dissatisfied with the ruling, you may appeal to the higher people's court within 10 days from the date of service; if you are dissatisfied with the judgment, you may Appeal to the higher people's court within 15 days from the date of service.
Victims of trademark infringement can file relevant administrative penalties in accordance with legal provisions, which will be handled by the local industrial and commercial department, or they can also file a lawsuit with the local people's court. handle. Protect your own legitimate rights and interests, compensate for your actual losses, and submit such case evidence will be conducive to the investigation of the case handling agency. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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