If the trademark right of others is infringed, it should be corrected from the identification and performance of the infringement. If you don't do the infringement, the first reaction when you are aware of the infringement is to stop the infringement.
1. Trademark infringement refers to: the actor uses the same or similar trademark 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 trademark and damage the legitimate rights and interests of the trademark owner.
According to the provisions of Article 52 of the Trademark Law, the main acts of infringing the exclusive right to use a registered trademark can be taken as follows:
1. Only with the permission of the registered trademark owner can a trademark identical with or similar to a registered trademark be used on the same commodity or similar commodities.
2. With the consent of the trademark registrant, the registered trademark of the trademark registrant shall be changed and the goods with the changed trademark shall be put into the market again with its permission.
3. Stop selling goods that infringe on the exclusive right to use a registered trademark.
according to the third paragraph of Article 56 of the Trademark Law, if you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you can prove that the commodity was legally obtained by yourself and explain the supplier, and you will not be liable for compensation. Therefore, this form of trademark infringement requires the seller's subjective knowledge.
4. Stop forging or making other people's registered trademarks without authorization or selling forged or made registered trademarks without authorization.
5. Stop continuing to cause other damage to the exclusive right to use a registered trademark of others.
According to Article 5 of the Regulations for the Implementation of the Trademark Law and Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Cases, actions that cause other damages to others' exclusive right to register trademarks as stipulated in Item (5) of Article 52 of the Trademark Law are corrected and stopped, including:
1. Stop using marks identical or similar to others' registered trademarks as commodity names and decorations, and stop misleading the public;
2. Stop providing convenient conditions such as warehousing, transportation, mailing, concealment, etc. for acts that intentionally infringe upon the exclusive right to use registered trademarks of others;
3. Stop using words that are the same as or similar to others' registered trademarks as the name of the enterprise or on the same or similar goods, which will easily lead to mistaken use by the relevant public;
4. Stop registering words that are the same as or similar to other people's registered trademarks as domain names, and conduct e-commerce activities related to commodity transactions through this domain name, which will easily lead to misidentification by the relevant public.