Legal Subjectivity:

What are the ways to enforce trademark rights? Administrative enforcement refers to specific administrative actions that have taken effect when the administrative counterpart refuses to perform the actions of the state administrative subject. For a determined obligation, the relevant state agency compels the counterparty to perform the obligation in accordance with the law, or the state agency itself or a third party directly performs or performs the obligation on its behalf, and then levies fees from the obligor. Methods of administrative enforcement: (1) Performance on behalf of others. Performance on behalf of others, also called enforcement on behalf of others, means that if the obligor fails to perform the replaceable obligations stipulated in laws, regulations, etc. or determined by administrative actions, the administrative enforcement agency or a third party shall An administrative enforcement method that performs the performance on behalf of the obligor and levies necessary fees from the obligor. Four elements must be met for performance on behalf of the party: 1. There is the fact that the counterparty has failed to perform its obligations under administrative law beyond the time limit, and such failure is caused intentionally or negligently. 2. The administrative law obligation is a performance obligation that others can perform on your behalf. 3. The obligation to be performed on behalf of the party must be an obligation that can achieve the same purpose as the counterparty's personal performance of the obligation after performance on behalf of the party. 4. The obligor shall bear the necessary expenses. (2) Execution of penalties Penalty enforcement is an indirect means of enforcement. It refers to the legal system in which relevant state agencies impose sanctions on parties who refuse to perform specific administrative acts that have taken effect, so as to force the parties to consciously perform the obligations determined by the specific administrative acts. Execution penalties can be divided into two categories: one is administrative penalties; the other is execution penalties. (3) Direct coercion Direct coercion means that when indirect means such as agency execution and execution penalties cannot achieve the purpose of execution, or indirect means cannot be used, the execution subject can directly enforce the person or property of the obligor in accordance with the law to force him to perform. An obligation or a method of enforcement that achieves the same status as the fulfillment of an obligation. Direct coercion is a powerful form of coercion, so its use must adhere to a certain degree of reasonableness in addition to not violating current legislative provisions. We hope that through the above content you will have a deeper understanding of issues related to the enforcement of trademark rights. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation. Legal objectivity:

In some cases, the rights enjoyed by the owner of a registered trademark conflict with the legitimate rights and public interests of others. In order to coordinate the relationship between the right holder and the public interests, the law necessary restrictions on the exercise and protection of trademark rights. The basic types of trademark rights restrictions are: (1) bona fide infringement (2) first sale. This means that after the person who enjoys the exclusive right to use the trademark sells his goods, re-transfer by others cannot be counted as an infringement. (3) Parallel import issues. This is It is a controversial issue. There are mainly three views in the theoretical circles: one view is that there is no infringement, one view is that there is infringement, and another view is that it should be determined on a case-by-case basis. From the complexity of the determination of trademark infringement, it should be said that the first The three views are the most desirable. (4) Regarding the act of changing someone else’s registered trademark. This is a controversial issue in both practical and theoretical circles. There was once a case for reference (Beijing Maple Leaf Garment Factory v. Singapore Crocodile Clothing Factory). In addition, the "reverse counterfeiting" proposed by some German scholars is also a relatively constructive point of view. my country's trademark rights restriction system "Trademark Law" was adopted in the Second Session of the Standing Committee of the Fifth National People's Congress on August 23, 1982. It was adopted at the 14th meeting and implemented on March 1, 1983. This is not only a milestone in the construction of my country's trademark legal system, but also has great significance in the construction of my country's entire intellectual property system, because it is the first intellectual property law promulgated by our country after the founding of the People's Republic of China. This law includes general principles, application for trademark registration, review and approval of trademark registration, renewal, transfer and use license of registered trademarks, adjudication of registered trademark disputes, management of trademark use, protection of exclusive rights to registered trademarks and 8 supplementary provisions. part. On February 22, 1993, the 30th meeting of the Standing Committee of the Seventh National People's Congress passed the "Regulations on Amending the Trademark Law of the People's Republic of China", which made the first revision of the 1982 Trademark Law. Amended to include provisions on the protection of service marks and the cancellation of improperly registered trademarks.

On October 27, 2001, the 24th Session of the Standing Committee of the Ninth National People's Congress reviewed and approved the second amendment to the Trademark Law. The revised content involves the subject, object, geographical indications, and relief measures of trademark rights. and other parts to make the revised Trademark Law more in line with the development of the market economy and the international requirements for trademark right protection. The trademark rights restriction system is an important part of my country's trademark legal system. The trademark rights restriction system should include fair use of trademarks, the right to prior use of trademarks, exhaustion of trademark rights, etc. From a legislative perspective, the restrictions on trademark rights in various countries' laws are far less stringent and common than the restrictions on copyright and patent rights. my country's Trademark Law does not provide for a trademark rights restriction system. In legislative practice, Article 9 of the ministry regulations "Opinions on Several Issues in Trademark Enforcement" promulgated by the Ministry of Industry and Commerce of the State Council in December 1999 clearly stipulates that the following behaviors do not constitute trademark infringement: (1) Use one's own trademark in good faith name or address; (2) In good faith, describe the characteristics or attributes of the goods or services, especially the quality, purpose, geographical origin, type, value and date of provision of the goods or services. This is the content of the trademark fair use system. my country's "Trademark Law Implementation Regulations" revised in August 2002 added content on trademark rights restrictions. According to Article 49 of the Regulations, if a registered trademark contains the common name, graphics, or model of the product, or directly indicates the quality, main raw materials, functions, uses, weight, quantity, or other characteristics of the product, or contains a place name, registration The owner of the exclusive right to use a trademark has no right to prohibit others from using it properly. This provision is an affirmation of the above-mentioned ministry regulations formulated by the State Administration for Industry and Commerce, and has far-reaching significance for my country's trademark rights restriction legislation and the establishment of my country's trademark rights restriction system. my country's trademark rights restriction system, the Trademark Law, was adopted at the 24th Session of the Standing Committee of the Fifth National People's Congress on August 23, 1982, and was implemented on March 1, 1983. This is not only a milestone in the construction of my country's trademark legal system, but also has great significance in the construction of my country's entire intellectual property system, because it is the first intellectual property law promulgated by our country after the founding of the People's Republic of China. This law includes general principles, application for trademark registration, review and approval of trademark registration, renewal, transfer and use license of registered trademarks, adjudication of registered trademark disputes, management of trademark use, protection of exclusive rights to registered trademarks and 8 supplementary provisions. part. On February 22, 1993, the 30th meeting of the Standing Committee of the Seventh National People's Congress passed the "Regulations on Amending the Trademark Law of the People's Republic of China", which made the first revision of the 1982 Trademark Law. Amended to include provisions on the protection of service marks and the cancellation of improperly registered trademarks. On October 27, 2001, the 24th Session of the Standing Committee of the Ninth National People's Congress reviewed and approved the second amendment to the Trademark Law. The revised content involves the subject, object, geographical indications, and relief measures of trademark rights. and other parts to make the revised Trademark Law more in line with the development of the market economy and the international requirements for trademark right protection. The trademark rights restriction system is an important part of my country's trademark legal system. The trademark rights restriction system should include fair use of trademarks, the right to prior use of trademarks, exhaustion of trademark rights, etc. From a legislative perspective, the restrictions on trademark rights in various countries' laws are far less stringent and common than the restrictions on copyright and patent rights. my country's Trademark Law does not provide for a trademark rights restriction system. In legislative practice, Article 9 of the ministry regulations "Opinions on Several Issues in Trademark Enforcement" promulgated by the Ministry of Industry and Commerce of the State Council in December 1999 clearly stipulates that the following behaviors do not constitute trademark infringement: (1) Use one's own trademark in good faith name or address; (2) In good faith, describe the characteristics or attributes of the goods or services, especially the quality, purpose, geographical origin, type, value and date of provision of the goods or services. This is the content of the trademark fair use system. my country's "Trademark Law Implementation Regulations" revised in August 2002 added content on trademark rights restrictions. According to the provisions of Article 49 of the Regulations, if a registered trademark contains the common name, graphics, or model of the product, or directly indicates the quality, main raw materials, functions, uses, weight, quantity, or other characteristics of the product, or contains a place name, registration The owner of the exclusive right to a trademark has no right to prohibit others from using it properly.

This provision is an affirmation of the above-mentioned ministry regulations formulated by the State Administration for Industry and Commerce, and has far-reaching significance for my country's trademark rights restriction legislation and the establishment of my country's trademark rights restriction system.