1. Types of trademarks that can be registered
Can be registered as trademarks The type is geographical indication. Geographical indications can be registered as certification trademarks and collective trademarks.
If a geographical indication is registered as a certification mark, a natural person, legal person or other organization whose goods meet the conditions for using the geographical indication may request the use of the certification mark and control the registration mark. Certification marks should be allowed by the organization.
If a geographical indication is registered as a collective trademark, the natural person, legal person or other organization whose goods meet the conditions for using the geographical indication may request to participate in the registration of the geographical indication as a collective trademark. A group, association or other organization that registers a collective trademark shall be admitted as a member in accordance with its articles of association; any group, association or other organization that is not required to register a geographical indication as a collective trademark may also use it legitimately The group, association or other organization has no right to prohibit this geographical indication.
2. What does counterfeiting or counterfeiting other people’s registered trademarks include?
(1) Using the same trademark as the registered trademark on the same kind of goods without the permission of the registrant;
(2) Using a trademark similar to the registered trademark on the same product without the registrant's permission;
(3 ) Use the same trademark as its registered trademark on similar goods without the registrant’s permission;
(4) Use the same trademark on similar goods without the registrant’s permission; superiorUse a trademark that is similar to its registered trademark.
These behaviors are the most important and basic forms of trademark infringement. Among them, the first type of behavior is stipulated as "counterfeiting someone else's registered trademark", which can be regarded as "same infringement", and the last three behaviors are called "counterfeiting someone else's registered trademark", which can be regarded as "same infringement".
For the use of a registered trademark on the same goods, the trademark owner can license others to implement it. Therefore, the use of the registered trademark on the same goods must be approved by the registrant. The act of registering a trademark does not constitute infringement.
However, the trademark owner itself has no right to use a similar trademark on the same goods or use the same or similar trademark on similar goods. Implementation, let alone licensing. If the trademark owner "licenses" without authorization, does the licensee's behavior constitute an infringement? We believe that trademark infringement must infringe on the rights of the trademark owner. If the trademark owner performs "license", it means that The trademark owner waives liability for infringement against the perpetrator.
Of course, the national competent authorities have the right to hold the trademark registrant administratively responsible for changing the graphics, text or combination of the trademark without authorization and expanding the scope of use.
3. Components of trademark infringement
Have the following The following four elements constitute the infringement of selling goods with counterfeit registered trademarks:
1. There must be an illegal act, that is, the perpetrator has carried out sales The act of counterfeiting registered trademark goods;
2. There must be facts of damage, that is, the perpetrator's behavior of selling counterfeit trademark goods has caused the trademark owner's Damage consequences. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.
3. The offender is subjectively at fault, which means that the offender already knew or should have known that the goods sold were goods with counterfeit registered trademarks. .
4. There must be a causal relationship between the illegal act and the damage, that is, there must be a cause and effect between the illegal actor's sales behavior and the damage caused to the trademark owner. relation.
4. How to deal with trademark infringement goods under the Civil Code
If the trademark is used by others In case of infringement, you can file a complaint with the industrial and commercial administration department, or of course, you can also file a lawsuit directly with the court.
The specific litigation process is as follows:
1. Sue: File a lawsuit with a court with jurisdiction The filing court files a complaint. 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 conditions for filing are met after case filing review, it 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 respond within 15 days.
4. Evidence exchange.
5. Court hearing.
6. If the collegial panel makes a ruling or ruling in consultation, and 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.
Legal basis: Article 1185 of the Civil Code [Punitive damages for infringement of intellectual property rights] Intentional infringement of other people’s intellectual property rights, serious circumstances , the infringed party has the right to request corresponding punitive damages.
So, the only type of trademark that can be registered is geographical indications. Therefore, you must pay attention to the type of trademark registration in your daily life and make sure not to make mistakes to avoid It will cause a series of legal consequences and some unnecessary troubles. In addition, when registering a trademark, it must be compliant and legal. 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.