First, how to determine the jurisdiction court of trademark infringement civil litigation?
The jurisdicti
First, how to determine the jurisdiction court of trademark infringement civil litigation?
The jurisdiction court of trademark infringement civil litigation is the people's court where the infringement is committed, the infringing goods are stored, detained or the defendant has his domicile.
The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of trademark civil disputes.
Article 6 A civil action brought for infringement of the exclusive right to use a registered trademark shall be under the jurisdiction of the people's court of the place where the infringement occurred, the place where the infringing goods were stored, the place where they were detained and the place where the defendant lived as stipulated in Articles 13 and 57 of the Trademark Law.
The storage place of infringing goods mentioned in the preceding paragraph refers to the place where a large number of infringing goods are often stored or hidden; The place of seizure refers to the place where the customs and other administrative organs seal up and detain infringing goods according to law.
2. What are the conditions for filing a civil lawsuit for trademark infringement?
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
3. What acts belong to trademark infringement?
(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;
(3) selling goods that infringe upon the exclusive right to use a registered trademark;
(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;
(seven) causing other damage to the exclusive right to use a registered trademark of others.
To sum up, if trademark infringement is handled through judicial channels, the infringed party should sue the court with jurisdiction. There are many trademark infringements, such as selling infringing goods, forging trademark marks without authorization, using goods identical with or similar to registered trademarks on the same kind of goods without the consent of the obligee, which constitutes trademark infringement and should bear corresponding tort liability.