News: Beijing Ruizhi Gaoyuan Video Technology Co., Ltd. recently sued Huawei Terminal Co., Ltd., Huawei Technologies Co., Ltd. and Wonderbird Software (Beijing) Co., Ltd. to Chaoyang court, demanding to stop the infringement and compensate 1 million yuan together. Chaoyang court reported yesterday that it had formally accepted the case.

Trademark infringement is nothing new in China, so how should we protect our legitimate rights and interests when our trademarks are infringed? What are the ways to hit the nail on the head to the point of infringement? Bajie Intellectual Property Trademark Transfer Network Xiaobian will tell you, what should I do if the trademark is infringed?

first of all, what is trademark infringement? According to the Trademark Law of the People's Republic of China, Article 38 stipulates:

' Any of the following acts is an infringement of the exclusive right to use a registered trademark:

(1) Using a trademark identical with or similar to its registered trademark on the same commodity or similar commodities without the permission of the registered trademark owner;

(2) selling goods that are known to be counterfeit registered trademarks;

(3) forging, unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(4) causing other damage to the exclusive right to use a registered trademark of others.'

Article 41 of the Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China, which was approved by the State Council on July 15, 1993, stipulates:' Any of the following acts is an act of infringing on the exclusive right to use a registered trademark as referred to in Item (4) of Article 38 of the Trademark Law:

(1) distributing goods that you know or should know are infringing on the exclusive right to use a registered trademark of others;

(2) On the same or similar goods, words and graphics identical or similar to others' registered trademarks are used as product names or product decorations, which is enough to cause misunderstanding;

(3) Deliberately providing storage, transportation, mailing, concealment and other convenient conditions for infringement of the exclusive right to use a registered trademark of others.'

what should we do if trademark infringement is clarified?

first of all, we should pay attention to the collection of evidence.

Step, we can collect the following evidence: 1. The certification documents of the infringed party, such as trademark registration certificate, transfer certificate, etc. 2. The product samples of the infringed party. 3. samples of infringing products. 4. Proof of purchasing infringing products.

in the second step, after collecting and sorting out the evidence, we should go to a professional agency for consultation. The third step is to make a complaint or indictment.

Bajie Intellectual Property Trademark Transfer Network has a group of very professional trademark agency teams, and we have rich public relations with Beijing authorities such as the Trademark Office and the Trademark Review and Adjudication Board. We try our best to solve all possible trademark problems for you.