Duplicate trademark names are not considered infringement. In my country's regulations on the infringement of intellectual property rights, there are many cases of trademark name infringement. After the trademark is registered, it will be protected by law. When criminals use or forge other people's trademarks without the consent of the parties involved, the same is true. It is an infringement.
1. Is the partial duplication of a trademark considered infringement? 1. Generally, it does not count. On the same or similar goods, using a mark that is the same or similar to another person’s registered trademark as a trade name or decoration, Mislead the public; 2. Deliberately provide warehousing, transportation, mailing, concealment and other convenient conditions for infringement of the exclusive rights of others' registered trademarks; 3. Use words that are the same or similar to others' registered trademarks as the company's trade name or in the same or similar Prominently used on goods, which may easily lead to misunderstanding by the relevant public; 4. Register words that are the same as or similar to others’ registered trademarks as domain names, and conduct e-commerce activities related to commodity transactions through this domain name, which may easily lead to misunderstanding by the relevant public. of.
II. Definition of Trademark Infringement Trademark infringement refers to violating the provisions of the law and using the same or similar logo as a registered trademark on the same or similar goods or services without the consent of the trademark owner, causing damage. Acts based on the legitimate rights and interests of the trademark owner. Judging from the provisions of my country's Trademark Law, the constitution of trademark infringement usually includes the following elements: 1. Damage has been caused or is about to happen, that is, the infringement has caused damage to the trademark owner or is about to cause damage, which can be manifested as a decrease in product sales. , reduction of interests or reduction of trademark reputation, etc. 2. Illegal behavior, that is, the perpetrator objectively exercises the rights enjoyed by the trademark owner in accordance with the law without permission and without other legal basis. 3. There is a causal relationship between the damage consequences and the illegal behavior, that is, the damage consequences are directly caused by the illegal behavior. 4. Subjective status, including fault and no fault. Generally speaking, if an actor illegally uses a trademark that is the same as or similar to a registered trademark, forges or creates without authorization the logo of another person’s registered trademark, or reversely passes off a registered trademark, the subjective fault of the actor shall be the essential factor in determining whether the infringement is infringement. ; For the act of selling goods with counterfeit registered trademarks, the perpetrator will not be used to determine whether the infringement is infringement
3. Compensation for trademark infringement The amount of compensation for infringement of the exclusive right to use a trademark can be determined in the following ways: 1. The profits gained by the infringer from the infringement during the infringement period. The second step is to determine the sales quantity. How to deal with some products under special circumstances has become an unavoidable problem. 2. The losses suffered by the infringed party due to the infringement during the period of infringement, including reasonable expenses paid by the infringed party to stop the infringement. 3. Agreed amount of compensation: If it is difficult to determine the benefits gained by the infringer due to the infringement, or the losses suffered by the infringed party due to the infringement, and the parties reach an agreement on the amount of compensation, the people's court shall allow it. 4. Statutory compensation amount: If it is difficult to determine the benefits gained by the infringer due to the infringement, or the losses suffered by the infringed party due to the infringement, and the parties have not reached an agreement, the people's court may make a judgment based on the circumstances of the infringement at the request of the parties or ex officio. Compensation of less than 500,000 yuan. If you register a trademark with someone else's exact name, it will easily cause confusion to consumers in the market, and under normal circumstances, it is impossible for the Trademark Office to pass it during examination. Whether it is a literal name or other forms, a trademark is distinctly identifiable to a company. Once it is infringed, it must actively protect its rights.
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