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Shijiazhuang Wedding Trademark Transfer Can Be Considered Infringement if Suppressed Registration

A wedding company refers to a professional organization that can undertake wedding planning and implementation. Generally speaking, because a wedding company involves a lot of business, obtaining a trademark so that consumers can clearly identify the different characteristics of different companies is the first thing a wedding company must do.

The wedding trademark belongs to Category 45 - Category 4505 - Single Service - Marriage Introduction 450112 and Category 35 - Category 3502 - Business Administration Auxiliary Industry - 350122 in the Classification Encyclopedia to provide outsourced administrative management for companies.

If the Shijiazhuang trademark transfer is preemptively registered, can it be considered a trademark infringement lawsuit? The use of a company's name by a squatted trademark is enough to confuse the relevant public about the source of its goods, so a lawsuit can be filed.

According to the provisions of the Trademark Law, trademark rights holders can choose the following two legal channels to claim their rights: 1. File an objection to the Trademark Office for a trademark announced in the preliminary examination; 2. File an objection for a registered trademark File a dispute with the Trademark Review and Adjudication Board.

Article 60 of the "Trademark Law" stipulates that if there is any infringement of the exclusive right to register a trademark as listed in Article 57 of this Law, and a dispute arises, it shall be resolved by negotiation between the parties; if the parties are unwilling to negotiate or negotiate If this fails, 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 administration 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 you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

What are the basis for judging trademark infringement? According to Article 52 of the Trademark Law, acts that infringe upon the exclusive right to use a registered trademark mainly include the following:

① Using the same product or similar products without the permission of the owner of the registered trademark. The act of registering a trademark that is identical or similar to a trademark.

② Without the consent of the trademark registrant, the act of replacing the registered trademark and putting the goods with the changed trademark back into the market is also theoretically called "reverse counterfeiting".

③The act of selling goods that infringe the exclusive rights of registered trademarks. Combined with the provisions of Article 56, Paragraph 3 of the Trademark Law: If you sell goods that are not known to infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and explain the supplier.

Therefore, this form of trademark infringement requires subjective knowledge by the seller.

④The act of counterfeiting or making without authorization the registered trademark signs of others or selling the counterfeit or unauthorized made registered trademark signs.

⑤ Acts that cause other damage to the exclusive right to use registered trademarks of others.