Trademark rights infringement disputes refer to disputes arising from infringement of trademark exclusive rights

Legal analysis

Trademark rights, also known as trademark exclusive rights, refer to trademark The owner has the right to possess, use, benefit from and dispose of the registered trademark or unregistered trademark he or she owns in accordance with the law, or the exclusive right to do so. Trademark rights include trademark use rights, prohibition rights, renewal rights, transfer rights, licensing rights, etc. Internationally, the acquisition of trademark rights is usually based on two principles: first, the principle of first use, that is, the trademark right belongs to the first person to use the trademark; second, the principle of first to register, that is, the trademark right belongs to the first person to apply for registration and has Registered person. my country's current laws adopt the first-to-register principle, but also recognize and protect unregistered trademarks, such as unregistered well-known trademarks, to a certain extent. As the most common, common, prominent and important commercial identifier, trademark is a symbol of product quality and corporate reputation. When the People's Court examines and determines whether a disputed trademark is a generic name, it generally shall be based on the factual status when the trademark registration application is filed. If the disputed trademark is not a common name at the time of application, but has become a common name when registration is approved, it should still be deemed to be a common name for the product; although it is a common name for the product at the time of application, it has become a common name when registration is approved. If it is not a common name, it will not be prevented from obtaining registration.

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 the registration. Trademark exclusive rights: (1) Using a trademark that is the same as its 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 product without the permission of the trademark registrant trademark, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion; (3) selling goods that infringe the exclusive rights of registered trademarks; (4) counterfeiting, making without authorization the registered trademark logo of others, or selling counterfeit , making a registered trademark logo without authorization; (5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark into the market; (6) Intentionally providing facilities for infringement of the exclusive rights of others' trademarks, Helping others to infringe upon the exclusive right to use a trademark; (7) Causing other damage to the exclusive right to use a registered trademark of others.

Article 61: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights of registered trademarks in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial authority for handling in accordance with the law.