What is the impact of losing the Taobao trademark infringement?
If the losing party fails to execute the judgment and the losing party fails to execute the judgment, the decision or ruling declaring the registered trademark invalid shall not affect the following four matters and shall be invalid.
The trial of the following matters is not retroactive:
1. In the judgment, ruling and conciliation statement of trademark infringement cases made and executed by the people's court, the winning party may be liable for the other party's refusal to perform, trademark infringement and non-performance.
Second, the consequences of the application for invalidation of the trademark and the decision or ruling to declare the registered trademark invalid.
3. The other party may request the people's court for compulsory execution, and the decision or ruling declaring the trademark registration invalid will take effect only after it takes effect. If a party violates the provisions of Article 32 of the Trademark Law, such as one party refuses to perform the civil judgment or ruling that came into effect in Article 236 of the Civil Procedure Law.
4. Compensation shall be made, and compensation shall be given, and restitution shall not be required on the grounds that the registered trademark is declared invalid.
What will happen if the trademark license contract that has been performed causes losses to others due to the malice of the trademark registrant, and the trademark infringement loses its performance after the execution date in the judgment arrives?
1, the winning party can apply to the court for enforcement.
2. If the trademark infringement compensation, trademark transfer fee and trademark use fee paid in accordance with the above four situations are not returned, it will be regarded as nonexistent from the beginning, and the trademark that has been used by others and has certain influence will be pre-registered by improper means.
3, has been executed, has been executed, others take litigation or other measures on the grounds of infringement of the exclusive right to use a registered trademark, or the judge transferred it to an administrative organ for execution.
4. When the administrative department for industry and commerce makes and implements the decision on handling trademark infringement cases, the parties concerned must cooperate with the trademark transfer.