1. What are the regulations on the use of company trademarks?
Use of company trademarks The specifications are as follows:
1. (1) Trademark registration certificate. ⑵Registered trademark graphic standards. ⑶Unregistered trademark. ⑷Trademark licensing information. ⑸Original materials, records and other materials of trademark rights disputes. ⑹Advertising materials for trademarks.
2. Print trademark logos at designated points to maintain the seriousness of registered trademarks.
3. Strictly follow the contents of the registered trademark license contract to ensure the standardized use of the registered trademark.
4. The general manager’s office is responsible for the use of trademarks and supervises its implementation.
2. What are the components of trademark infringement?
From the perspective of my country’s trademark law, the constitution of trademark infringement usually includes the following elements:
(1) Damage has been caused or is about to happen, that is, the infringement has caused damage to the trademark owner or is about to cause damage, which can be manifested as a decrease in product sales, a decrease in profits, or a decrease in trademark reputation.
(2) Illegal behavior, that is, the perpetrator objectively exercises the rights enjoyed by the trademark owner in accordance with the law without permission and without other legal basis.
(3) The damage consequences are causally related to the illegal behavior, that is, the damage consequences are directly caused by the illegal behavior.
(4) Subjective status, including fault and no-fault.
Trademark infringement means that the perpetrator violates the law without the permission of the trademark owner. Using a trademark that is identical or similar to its registered trademark on the same or similar goods, or other behaviors that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner.
Legal basis: "Trademark Law of the People's Republic of China"
Article 57 Anyone who commits any of the following acts shall be deemed to have infringed upon a registered trademark. Rights:
(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;
(2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using a trademark that is the same or similar to its registered trademark on similar goods, Easily causing confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
">(4) Counterfeiting or making without authorization the registered trademark signs of others or selling counterfeit or making without authorization the registered trademark signs;
(5) Without the trademark registrant Agree, change its registered trademark and put the goods with the changed trademark into the market;
(6) Deliberately provide facilities for infringement of the exclusive rights of others' trademarks, Helping others commit acts of infringement of trademark rights;
(7) Causing other damage to others' registered trademark rights.
In short, using the trademark on the same or similar products without permission, causing serious economic losses to the other party, infringes the enterprise's trademark rights. The trademark registrant can file a lawsuit in court to request The other party shall compensate for the economic losses caused. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or consult a professional lawyer on the Legal Savior Network.
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