How to deal with the infringement of Chinese character trademarks and pinyin trademarks?

1. how to deal with the infringement of Chinese character trademarks and pinyin trademarks?

the infringement of Chinese character trademarks and pinyin trademarks is that the actor uses the same or similar trademarks on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner from using his registered trademarks and damage the legitimate rights and interests of the trademark owner. The infringer usually bears the responsibility of stopping the infringement, and the perpetrator who knows or should know that it is an infringement also bears the responsibility of compensation. If the circumstances are serious, they shall also bear criminal responsibility.

trademark infringement stipulated in China's trademark law, its implementing rules and judicial interpretation mostly determines the jurisdiction and subject of the case according to the content or type of trademark infringement. Article 52 of the Trademark Law stipulates that one of the following acts is committed; All belong to infringement of the exclusive right to use a registered trademark:

1. Using a trademark that is the same as or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant;

2. selling goods that infringe the exclusive right to use a registered trademark;

3. Forging or manufacturing others' registered trademark logos without authorization or selling forged or manufactured registered trademark logos without authorization;

4. Without the consent of the trademark registrant. Changing its registered trademark and putting the goods with the changed trademark on the market again.

second, the criteria for judging the similarity between pinyin trademarks and Chinese characters trademarks

refer to the third part of the Trademark Examination Standards for the examination of words, graphics and combined trademarks.

1. Chinese character trademarks and their corresponding pinyin trademarks are generally not judged as approximate trademarks. For example, "tianda and Tianda" are not similar < P >, except that the prior right is a well-known trademark or has other specific meanings. For example, "maotai and Maotai" are similar.

2. Generally, a trademark of Chinese characters is judged to be similar to a trademark composed of the same Chinese characters and pinyin. Such as "yili and Yili Yili".

3. Pinyin trademarks and combined trademarks composed of the same Pinyin and Chinese characters are generally judged as approximate trademarks. Such as "haier and haier Haier" approximation.

4. Pinyin trademarks and English trademarks similar to them are judged as similar trademarks. "suoni and soni" are approximate.

5. Trademarks composed of two different Chinese characters and the same pinyin combination corresponding to them are generally not judged to be approximate. For example, "likang Likang and Likang li

The case of infringement of Chinese character trademarks and pinyin trademarks is a kind of trademark infringement, and the infringement of Chinese character trademarks and pinyin phonetic symbols should be dealt with according to the situation stipulated by law. In addition, serious illegal and criminal acts must be judged through litigation.