What are the penalties for illegal use of trademarks? And how to determine trademark infringement? Let’s take a look at the following article brought to you by the editor: Penalties for illegal use of trademarks?, which may be what you need of.

What will happen if a trademark is used illegally?

If a trademark registrant commits any of the following acts, the Trademark Office shall order it to correct or revoke its registered trademark within a time limit:

( 1) Change the registered trademark on your own initiative;

(2) Change the name, address or other registration information of the registered trademark on your own initiative;

(3) Transfer the registered trademark on your own initiative;

(4) Stopping use for three consecutive years;

(5) Using a registered trademark, and its goods are shoddily manufactured, passed off as inferior, and deceived consumers.

If the party concerned is dissatisfied with the Trademark Office’s decision to cancel a registered trademark, he or she may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice. The Trademark Review and Adjudication Board will make a decision and notify the applicant in writing. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within 30 days from the date of receipt of the notice. If a registered trademark is revoked due to illegal use, the exclusive right to use the registered trademark will be extinguished from the date of the cancellation decision of the Trademark Office.

How to determine trademark infringement?

Trademark infringement means that the perpetrator uses the same or similar trademark as his registered trademark on the same or similar goods without the permission of the trademark owner, or other trademark infringement. 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.

What is considered trademark infringement? According to the provisions of my country’s Trademark Law, trademark infringement needs to meet the following conditions:

1. There must be an illegal act, that is, the perpetrator Conducted sales of counterfeit registered trademark products.

2. There must be a fact of damage, which means that the perpetrator’s behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the rights holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights.

Whether it is property loss or damage to goodwill, it is a fact of damage.

3. The offender is subjectively at fault, which means that the offender already knows or should know the fact that the goods sold are goods with counterfeit registered trademarks.

4. There must be a causal relationship between the illegal act and the damage, which means that there is a causal relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner.

Procedures for applying for invalidation of trademark rights

Corresponding to different invalidation situations of trademark rights, the procedures for invalidating trademark rights are also different.

(1) There are two procedures for invalidating trademark rights when a registered trademark is obviously defective:

1. The Trademark Office can proactively cancel the registered trademark ex officio;

2. Other units or individuals may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark.

(2) For improperly registered trademarks, the trademark owner or interested party may request the Trademark Review and Adjudication Board to revoke the registered trademark within five years from the date of trademark registration. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.

(3) For disputes over registered trademarks, the owner of the previously registered trademark may apply to the Trademark Review and Adjudication Board for a ruling to cancel the later-registered trademark within five years from the date of approval of registration of the disputed trademark.

For a trademark that has been opposed and adjudicated before the registration is approved, no application can be made to revoke the registered trademark based on the same facts and reasons.

After the Trademark Review and Adjudication Board makes a ruling to maintain or cancel a registered trademark, it shall notify the relevant parties in writing. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within 30 days from the date of receipt of the notice. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.

The above is the "Penalty for Illegal Use of Trademarks" provided by the editor. I hope you like it!

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