Definition of trademark infringement

Trademark infringement (TRADEMARKINFRINGEMENT) means: trademark infringement refers to the use of the registered trademark on the same or similar goods without the permission of the trademark owner. Identical or similar trademarks, or 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. The infringer is usually liable to cease the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal liability. How to punish trademark infringement

For those who infringe on the exclusive right to register a trademark, according to Article 53 of the Trademark Law and Article 43 of the Implementing Rules of the Trademark Law, the industrial and commercial administrative authorities may Take the following measures to impose penalties.

(1) Order to stop infringement

The specific measures are as follows:

① Order to stop sales immediately;

② Confiscate and destroy the infringing goods ;

③ Confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks.

(2) Imposition of a fine

For those who infringe the exclusive rights of registered trademarks but have not constituted a crime, the industrial and commercial administration authorities may, depending on the circumstances, impose a fine of not more than 50% of the illegal business volume or 50% of the profits gained from the infringement. A fine of not more than 10,000 yuan; the person directly responsible for the infringement unit may be fined not more than 10,000 yuan according to the circumstances.

If the party concerned is dissatisfied with the above two treatments, the party concerned may file a lawsuit in 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. If neither prosecution nor performance is made within the time limit, the industrial and commercial administration authority shall apply to the People's Court for compulsory enforcement.

(3) Mediate on the amount of compensation for infringement of trademark exclusive rights

The industrial and commercial administrative department that handles the case may, at the request of the parties, mediate on the amount of compensation for infringement of trademark exclusive rights. , if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the law.

The full text on the conditions that constitute trademark infringement and how to punish trademark infringement has been completed. If your normal business activities are found to be trademark infringement, you must actively protect your own interests and not passively resist. If you encounter such a situation, you can entrust a professional intellectual property lawyer to help you protect your rights. Defense of the right of prior use against trademark infringement

The right of prior use in the field of trademark law means that a person has used a trademark that is identical or similar to the registered trademark on the same or similar goods before others apply for trademark registration. After the trademark applied for registration by others is approved for registration, the prior user shall have the right to continue to use the trademark within the original scope, but the user shall not expand the scope of use, nor may the unregistered trademark be transferred or licensed. The right of first use is for previously registered trademarks, so this system mainly exists in countries and regions that implement the registration principle. Because without the protection of this system, others can preemptively register an unregistered trademark that has been used for a certain period of time and has a considerable market reputation, and then in turn prohibits the prior user from using his own trademark; in this way, the prior user has been The reputation of a trademark that has been cultivated may be completely lost due to this kind of squatting behavior. The squatter can easily use the product reputation and market reputation that others have established to occupy the market. This behavior is essentially an act of unfair competition. . The legislative value of the right of prior use system is to protect the interests of prior users of trademarks that have a certain reputation in the market even though they have not been registered, thereby stabilizing existing social and economic relations and realizing the protection of exclusive rights to registered trademarks and the right of prior use. balance of interests among people. What conditions need to be met for the defense of prior use rights

Establishing a prior use right system in the field of trademark law must fully consider the interests of prior users in order to achieve the social goal of fair and reasonable sharing of intellectual property under trademark law; The interests of the trademark owner must also be fully protected. The prior user's use of the same or similar registered trademark of others must not cause confusion among consumers as to the source of the goods or services. To this end, the defense of prior use must meet the following conditions:

1. The fact of prior use.

That is, the person claiming the right of prior use defense has indeed used a trademark that is identical or similar to the registered trademark on the same or similar goods in production and business activities before others apply for trademark registration.

2. The previously used trademark has had a certain influence before others apply for registered trademark and is familiar to relevant consumers.

3. The scope of the right of prior use should be limited to the scope of goods used before someone else’s registered trademark is approved for registration, and cannot be expanded arbitrarily. This scope is usually limited to the original product variety or service scope and cannot be expanded arbitrarily.

4. After the registration of a trademark applied for by others is approved, the prior user shall use the trademark in a manner that does not cause confusion among consumers, and shall not be influenced by the trademark owner to sell its own goods. In other words, the prior user shall not continue to use its trademark for the purpose of unfair competition. In terms of specific practices, the prior user can distinguish himself from the products of the trademark owner by attaching certain marks to his goods, such as indicating his or her factory name or address.

The above is the definition of trademark infringement provided by the editor. I hope you like it!