Current location - Trademark Inquiry Complete Network - Trademark inquiry - Hebei trademark agency defense
Hebei trademark agency defense
The agent only sells on behalf of the manufacturer and does not enjoy the ownership of the product, nor does it include the trademark right and the right to outer packaging. However, trademarks can only be used if authorized.

If it is found that others use it, the right subject can investigate the responsibility of the infringer. Because the agent is not the subject of rights, the agent can't hold the infringer accountable.

Trademark right refers to all kinds of rights protected by national laws enjoyed by trademark registrants for their registered trademarks within the statutory time limit. From the content point of view, it includes exclusive right, prohibition right, license right, transfer right, renewal right and marking right, among which the exclusive right to use is the most important right, and other rights are derived from this right.

Article 52 of the Trademark Law: Any of the following acts is an infringement of the exclusive right to use a registered trademark: (1) Using a trademark identical with or similar to its registered trademark on the same commodity or similar commodity without the permission of the trademark registrant; (2) selling goods that infringe upon the exclusive right to use a registered trademark; (3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (5) causing other damage to the exclusive right to use a registered trademark of others. Article 53 If one of the acts listed in Article 52 of this Law infringes upon the exclusive right to use a registered trademark and causes disputes, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling; If the infringer fails to bring a suit and perform it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution. The administrative department for industry and commerce may, at the request of the parties, mediate the amount of compensation for infringement of the exclusive right to use a trademark; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).