Legal subjectivity:
(1) Types of trademark infringement Article 52 of the Trademark Law stipulates five types of trademark infringement: 1. Without the permission of the trademark registrant, infringement of the trademark in the same category Use a trademark that is identical or similar to its registered trademark on goods or similar goods. 2. Selling goods that infringe the exclusive rights of registered trademarks. 3. Counterfeit or create without authorization the registered trademark signs of others or sell the registered trademark signs that have been forged or made without authorization. 4. Without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put into the market. 5. Causing other damage to the exclusive right to use registered trademarks of others. (2) Trademark infringement identification process 1. Determine the scope of exclusive rights for registered trademarks. 2. Determine the specific object of the alleged infringement. 3. Compare the object of alleged infringement with the registered trademark and the goods for which the registered trademark is used, determine whether the trademark for alleged infringement is the same or similar to the registered trademark, and whether the goods for which the alleged infringing trademark is used are the same as those for which the registered trademark is used. Verify whether the goods used are of the same type or similar. 4. Through the three steps of identifying infringement, especially by comparing the alleged infringement object with the registered trademark and the goods approved for use by the registered trademark, it can be determined whether trademark infringement is constituted. (3) Key points and difficulties in determining trademark infringement: 1. All registered trademarks that have not been revoked should be protected. 2. Accurately identify similar trademarks. 3. Correctly judge similar products. 4. Do not judge based on the quality of the product. 5. Illegal use by the trademark registrant. 6. Reasonably define normal usage behavior. 7. Comprehensively weigh other factors. The prerequisite for trademark infringement is that the infringed party must enjoy the exclusive right to use the trademark. If the trademark that is infringed is an invalid trademark, that is, the validity period of the registered trademark has expired, the law and state agencies will not protect the invalid trademark. , you can use it casually at this time, but if it expires within one year, it cannot be registered again. Legal objectivity:
According to Article 28 of the Civil Procedure Law, lawsuits filed due to infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled. Trademark infringement refers to violations of the law and the unauthorized use of logos that are identical or similar to a registered trademark on identical or similar goods or services without the consent of the trademark owner, thereby damaging the legitimate rights and interests of the trademark owner.