1. Which department has jurisdiction over trademark infringement
1. Trademark infringement The competent department is the industrial and commercial administration department.
2. Legal basis: Article 60 of the Trademark Law of the People's Republic of China, any act that infringes upon the exclusive right to use a registered trademark as listed in Article 57 of this Law First, if a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may bring a lawsuit to the People's Court or request the industrial and commercial administrative department to handle it.
2. What are the trademark infringement behaviors?
Any of the following behaviors is an infringement of the exclusive right to register a trademark:
(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant, using a trademark that is similar to its registered trademark on the same kind of goods, or using a trademark that is the same or similar to its registered trademark on similar goods can easily lead to Confusing;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks;
(5) Without the consent of the trademark registrant, Change its registered trademark and put the goods with the changed trademark into the market;
(6) Intentionally provide facilities for infringement of other people's trademark rights and help others Carrying out acts of infringement of trademark exclusive rights;
(7) Causing other damage to others’ exclusive rights to use registered trademarks.
It can be seen that in cases of trademark infringement, It will first be investigated by the industrial and commercial administrative department. If the industrial and commercial administrative department confirms that there is trademark infringement, it will impose administrative penalties on the trademark infringer. As for the civil compensation part, if the two parties cannot negotiate, they can file a lawsuit in the court where the infringer is located. I hope that the above The content can be helpful to you. If you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.
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