Current location - Trademark Inquiry Complete Network - Trademark inquiry - How to protect trademark rights and interests under China's current system?
How to protect trademark rights and interests under China's current system?
With the development of the times, there are more and more trademark infringement cases, and all kinds of trademark disputes are filled with the wave of economic development. When the trademark right is infringed, should we seek help from the administrative organ or the court first? How to protect your trademark rights to a great extent? We have to start with China's administrative and judicial system. We encounter trademark infringement. According to the laws of our country, the parties can request the administrative organ to handle it, or they can handle it through court proceedings. This dual mechanism is a unique system in China, and the parties can choose two remedies when they are infringed, which has played a great role in stopping trademark infringement. Of course, some people think that this system will also have many disadvantages. If there is an infringement dispute, the parties can choose to bring a lawsuit to the court and demand to stop their infringement. If the court thinks that the defendant does not constitute infringement after the trial, the parties may lose the case. But at this time, the parties still have the right to ask the administrative organ to order them to stop the infringement. Due to different investigators, there are differences in subjective understanding of trademark infringement, which may lead to a completely different judgment from previous court decisions. The application of the same law has caused different legal effects. In addition, the infringer may first apply to the administrative organ for relief. If the parties are not satisfied with the results, they will bring an administrative lawsuit to the court and demand that the administrative ruling be revoked. The parties may also apply to the court for a civil lawsuit. Administrative litigation is generally a request to revoke an administrative ruling, while civil litigation is a request for compensation. This may also lead to different results under the same law. In this way, how can the parties whose trademarks have been infringed protect their rights as much as possible? Specific analysis of the specific situation. The parties should choose according to their own actual situation, first of all, they should look at the types of trademark infringement and what kind of trademark infringement. Secondly, it depends on whether to put an end to the infringement first or to demand compensation from the infringer first. After that, it depends on the response time of administrative organs and courts to infringement, that is, the time to accept infringement and the length of time to produce results. If the infringement simply points to the trademark, we should find a professional trademark agency to defend the trademark and go to the Trademark Office and other departments. Where commodities are involved, if the parties urgently need to stop the infringement, they should generally report to the.