You can use other people's trademarks in the following situations:
1. Trademark transfer means that the trademark owner can transfer his registered trademark to others within the scope permitted by law. Now, there are domestic trademark trading websites such as Yipin Intellectual Property, which can well meet the needs of entrepreneurs in this regard.
2. The trademark owner does not want to change the ownership of the trademark, but it does not use the trademark itself (or does not use it in certain categories), so it can license the trademark to others. Entrepreneurs can The licensing method can not only achieve the purpose of quickly obtaining a trademark, but also quickly open up the market with the help of the original brand influence of the trademark. Therefore, trademark licensing is a good way for entrepreneurs to obtain trademarks.
3. If you want to use someone else’s trademark, the trademark owner must license the trademark to our company before you can use it, otherwise it will involve trademark infringement.
4. If someone else’s registered trademark is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark. When licensing others to use its registered trademark, the licensor shall submit a copy of the contract to the Trademark Office for record within 3 months from the date of signing the trademark license contract.
5. Trademark transfer is the fastest way to obtain a trademark. It only requires negotiation between the parties and then submission of relevant information to the Intellectual Property Office.
Article 60 of the "Trademark Law of the People's Republic of China" involves any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, and if a dispute arises, it shall be resolved through negotiation between the parties; If they are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter.
If the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him to stop selling them.
For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.