What are the ways to enforce trademark rights?

In practice, many of us may be exposed to issues such as ways to enforce trademark rights, but because we don’t know much about it, many things are not clear. So next, the editor of Legal Savior Network has compiled some relevant information to let you know together with your friends what are the ways to enforce trademark rights.

What are the ways to enforce trademark rights?

Administrative enforcement refers to When the administrative counterpart refuses to perform the Obligations determined by the specific administrative actions made by the state administrative subject and which have taken effect, the relevant state agency shall force the counterparty to perform the obligation in accordance with the law, or the state agency itself or a third party may perform the obligation directly or on its behalf. A legal system that performs an obligation and then levies a fee from the obligor.

Methods of administrative enforcement:

(1) Performance on behalf of others

Performance on behalf of others, also called execution on behalf of others, means that the obligor fails to perform the replaceable obligations stipulated in laws, regulations, etc. or determined by administrative actions, and the administrative enforcement agency or a third party An administrative enforcement method in which a person performs the performance on his behalf and levies necessary fees from the obligor.

Performance must meet four requirements at the same time:

1. The counterparty fails to perform overdue The fact of an obligation under administrative law and such failure was caused intentionally or negligently.

2. The obligation under administrative law is an obligation that others can perform on their behalf.

3. The obligation to be performed on behalf of the party must be an obligation that can achieve the same purpose as the counterparty's performance of the obligation in person.

4. The obligor shall bear the necessary expenses.

(2) Execution penalty

Execution penalty is an indirect means of enforcement. It means that the relevant state agency has taken effect on the refusal to performA legal system that imposes sanctions on the parties to a specific administrative act to force the parties to consciously perform the obligations determined by the specific administrative act. Execution penalties can be divided into two categories: one is administrative penalties; the other is execution penalties.

(3) Direct coercion

Direct coercion refers to the execution and execution of When indirect means such as penalties cannot achieve the purpose of execution, or indirect means cannot be used, the execution subject may directly enforce the person or property of the obligor in accordance with the law to force him to perform the obligation or to achieve the same enforcement method as the performance of the obligation.

Direct coercion is a powerful form of coercion, so its use must not violate the current legislative provisions, but must also adhere to a certain degree of rationality.

I hope that through the above content you will have a deeper understanding of issues related to the enforcement of trademark rights. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.