1. Negotiate with the other party. The trademark owner can consult with the infringer first, and if it can be resolved through negotiation, it will be resolved calmly.
2. Collect evidence. Try to collect enough evidence of the other party's infringement. If the trademark is used on a product without permission, then the product can be used as one of the evidences.
3. request the administrative department for industry and commerce to handle it. when looking for relevant departments to handle it, it can be either the administrative department for industry and commerce where the trademark infringer is located or the administrative department for industry and commerce where the other party infringes the trademark.
4. To bring a lawsuit in a people's court is the same as looking for the administrative department for industry and commerce. Trademark infringement cases can be under the jurisdiction of the people's court where the trademark infringer is located. In this regard, the infringer can choose the place where the infringement is committed or the people's court where the infringer is located to sue. At the same time, due to the complexity of trademark infringement cases, at present, the Supreme People's Court has designated the Intermediate People's Court as the jurisdiction.
1. Composition of trademarks
1. Letters constituting trademarks refer to the smallest writing unit of pinyin characters or phonetic symbols, including pinyin characters and foreign letters such as English letters and Latin letters. The original Trademark Law classified trademarks composed only of letters as word mark, while the newly revised Trademark Law in 21 regarded letters as one of the constituent elements of trademarks, which is more practical and convenient for the trademark authorities to examine and approve trademark registration applications according to law.
2. Numbers as the constituent elements of a trademark can be Arabic numerals or Chinese capital numerals.
3. As a three-dimensional symbol that constitutes a trademark, it can also be called a three-dimensional symbol, which is a three-dimensional symbol with length, width and height. The trademark logo composed of three-dimensional logo is called three-dimensional trademark, which is different from the trademark pattern that we usually see on a plane, but appears in a three-dimensional material form, which may appear in the shape of goods, or in containers or other places of goods. Increasing the registration of three-dimensional trademarks makes the trademark protection system in China more perfect.
4. Unique and novel color combination can not only give people a sense of beauty, but also be significant, which can play a role in indicating the source of products or services, and also play a role in distinguishing producers, operators or service providers.
second, how to prepare trademark infringement cases?
when an enterprise encounters trademark infringement, it should make the following three preparations before bringing a lawsuit.
1. confirm whether there is infringement. Enterprises should hire professional intellectual property lawyers to analyze and determine whether trademarks are infringing. China's trademark law stipulates that the use of the same or similar trademarks on the same or similar goods is trademark infringement. So what is a similar commodity? What is an approximate trademark, which requires professional analysis.
2. Collect evidence. This evidence includes two aspects. The first is the evidence of the trademark owner's own use. If the trademark owner has never used a registered trademark, the infringer may be exempted from compensation. Therefore, the evidence of the trademark owner's use can prove his own losses on the one hand, and on the other hand, it can prevent the other party from raising the defense that the trademark owner has not used the trademark. The second is that the infringer uses the evidence with the same logo as the registered trademark without permission, on the one hand, it proves the infringement, on the other hand, it proves the loss caused by the infringement to the trademark owner.
3. confirm the claim. Trademark owners need to confirm whether their main appeal is to stop infringement or demand compensation from the other party, so as to formulate different litigation strategies.
the trademark is illegally used by others, which belongs to trademark infringement. When an enterprise encounters trademark infringement, before bringing a lawsuit to the court, it must first determine whether the act is infringement. Secondly, we should collect relevant evidence. Including the evidence of the trademark owner's own use and the evidence that the infringer uses the same logo as the registered trademark without permission. Finally, you can go to court to sue trademark infringement.
III. What is the compensation standard for trademark infringement
(I) Criteria for determining the amount of compensation
1. The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual loss suffered by the obligee due to infringement;
2. If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement;
3. If it is difficult to determine the loss of the obligee or the benefit of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee;
4. In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation can be determined at more than one time and less than three times the amount determined according to the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.
(2) if it is difficult to determine the actual losses suffered by the obligee due to infringement, the benefits gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 3 million yuan according to the circumstances of the infringement.
Legal basis
Article 165 of the Civil Code of the People's Republic of China
If an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability.
if the actor is presumed to be at fault according to the law, but he cannot prove that he is not at fault, he shall bear tort liability.
article 184 where the property of another person is infringed, the property loss shall be calculated according to the market price at the time of the loss or other reasonable means.