The juicer we usually see is a machine that can quickly squeeze fruits and vegetables into fruit and vegetable juice. It is small and can be used at home. The drinks produced by using a juicer are relatively more nutritious than the stored fruits and vegetables, and are very convenient. So how can you choose the category of the juicer trademark?
As far as category selection is concerned, you can still get the answer you want by searching in the trademark classification encyclopedia. That is, the category of the juicer trademark is "0709-Machine for the food industry" in Category 7. and parts - Electric juicers 0709; 0710 - Machinery for the brewing and beverage industry - Electric juicers 0710; 0723 - Kitchen household appliances (excluding cooking, electrical heating equipment and kitchen hand tools) - Electric juicers 0723, household Electric fruit juicer 0723” etc.
If the Jinzhong trademark is infringed and sued, what will be the company's response measures? In fact, the competition in modern business is, from a certain perspective, the competition of brands, and the role of trademarks has become increasingly prominent. There are many kinds of registration squatting or infringement behaviors. There is always right and wrong in everything. So what should a company do if it is the party being sued?
According to the provisions of the Trademark Law and the Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Trademarks, the plaintiff in a trademark infringement lawsuit shall be the owner or interested party of the registered trademark. Relevant people. Therefore, the subject of the plaintiff should comply with the above provisions. If the plaintiff is not the owner or interested party of the registered trademark, the defendant can raise the defense that the plaintiff is not qualified as the subject of the lawsuit.
What enterprises need to know is that the statute of limitations for infringement of the exclusive right to use a registered trademark is 2 years, calculated from the date the trademark registrant or interested owner becomes aware of the infringement. If a trademark registrant or interested party files a lawsuit more than 2 years ago, if the infringement is still continuing at the time of the lawsuit, within the validity period of the exclusive right to use the registered trademark, the people's court shall:
Determine the defendant to stop the infringement, The amount of compensation for infringement damages shall be calculated forward two years from the date when the right holder files a lawsuit in the People's Court. If it is found that the statute of limitations has expired, this can be used as a defense.
In addition, Article 59 of the Trademark Law stipulates that before the trademark registrant applies for trademark registration, others have already used the same or similar trademark as the registered trademark on the same or similar goods before the trademark registrant. For a trademark with certain influence, the owner of the exclusive right to a registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require the user to attach appropriate distinguishing marks.
So in general, companies must pay close attention to whether there are similar trademarks in the market when using them. If possible, when the previous trademarks are similar, the two will cause confusion among consumers, and efforts should be made to resolve this problem. Note: Welcome to Bajie Intellectual Property Trademark Transfer Network. The company was established in 2012. It is a comprehensive trademark service platform for trademark transfer, trademark registration, and trademark transactions!