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Which department makes the identification of trademark infringement?

There are many problems with trademark infringement. For enterprises, trademark infringement means the loss of economic interests of the enterprise, and it may also affect the reputation of the enterprise, which is quite harmful. Therefore, enterprises should stop trademark infringement in time. situation occurs.

1. Relevant suggestions

1. The main person in charge of the enterprise and the trademark owner, including the designers of logos and packaging, should be familiar with the use of trademark laws and be able to use them flexibly. At the same time, You can also ask an agent consultant to help you.

2. Do not use unregistered trademarks. Either don't use a trademark, or if you do, use a registered trademark. Trademarks that have been declared and accepted by the Trademark Office, that is, trademarks that are being registered, should be used with caution, because the exclusive rights of the trademark are uncertain. In order to avoid the contradiction between the long registration time and the urgent need to use the trademark, ZTE Da suggested that enterprises should register trademarks at the beginning of product development and research, and have "advanced awareness" when applying for trademark registration.

3. Use one name for the product and try not to use aliases for the product. If you need to distinguish between new and old products of the same type, you can also give the new product a new name and apply for a registered trademark.

4. Use registered trademarks correctly and in accordance with the law, and do not change the pattern of registered trademarks at will during use. If it is determined that the trademark pattern needs to be changed, the changed pattern must be submitted for trademark registration.

5. When designing trademark logos and product packaging, try to highlight the registered trademark graphics and reduce decorative patterns. It is best to consider the requirements for trademark logo and packaging design when applying for trademarks and registering trademarks, or you can design product logos and packaging first, and then separate out the parts that can be registered for trademarks and apply for trademarks. register. In addition, you should also pay attention to the logos and packaging of similar products in the same industry to avoid imitating other people's design styles and causing your own ideas to be ineffective. You should have your own unique design ideas and design style.

2. There are three ways for enterprises to prevent others from infringing on trademark rights

Once a trademark is registered, the applicant can enjoy the exclusive rights to the trademark. How to better protect the exclusive rights of trademarks not only requires the coordination of administrative law enforcement departments, but is also an important task for enterprises. Preventing others from infringing or endangering their exclusive rights to registered trademarks is one of the issues that enterprises must pay attention to. In addition to paying attention to the above-mentioned issues related to trademark use, you also need to pay attention to and do a good job in the following aspects:

1. Pay close attention to the trademark registration situation.

During the trademark application period, you must pay close attention to the trademark registration status, and also check the "Trademark Announcement". Once you find that the trademark applied for registration by others is the same or similar to your own, you should promptly file an objection or dispute.

According to Article 30 of the Trademark Law, anyone may file an objection to a preliminary approved trademark within three months from the date of announcement. Moreover, Article 41, Paragraph 2 of the Trademark Law also stipulates that if there is a dispute over an improperly registered trademark or a registered trademark, you may apply to the Trademark Review and Adjudication Board for a ruling within five years from the date of approval of registration of the trademark.

2. Frequently search for trademark information.

Enterprises need to conduct frequent market surveys and require local promoters and branches to pay attention to the company logo packaging of similar products on the market. If any suspicion of infringement is discovered, it needs to be stopped in time. If it is determined that the other party is infringing, there are If necessary, you can also file a lawsuit with the industrial and commercial administrative agency or file a lawsuit in court.

3. Strengthen the management of trademark logos.

The investigation shows that many of the counterfeit trademark cases investigated by the industrial and commercial departments are closely related to the registrant's poor management of trademark logos and packaging.

Some trademark registrants have caused theft and loss of trademark logos due to poor storage; while some have failed to effectively destroy waste logos (including waste logos that appeared during the printing process and use), and even There are also some people who will sell these signs to scrap collectors; some have not strictly inspected sign printing factories, carton factories, etc. These sign processing factories violate the law, contracts and conscience, and will print the number of trademarks and mix them up. Reselling to others, etc.; the above factors are common problems that lead to trademark infringement cases.