What is the act of infringing on the exclusive right to use well-known trademarks? How can we protect well-known trademarks from infringement? Let's take a look at what the following small series brings to you? Infringe on the exclusive right to use well-known trademarks? There may be something you need.

what are the acts of infringing on well-known trademarks?

any of the following acts is an act of infringing on the exclusive use of a registered trademark as mentioned in item (5) of Article 52 of the Trademark Law: (1) misleading the public by using a mark identical or similar to another person's registered trademark as a commodity name or commodity; (2) Deliberately providing convenient conditions such as warehousing, transportation, mailing, concealment, etc. for infringement of the exclusive right to use a registered trademark of others. These trademark infringements are aimed at registered trademarks, and of course they also apply to registered well-known trademarks. However, compared with ordinary trademarks, well-known trademarks have their own particularity and higher economic value. Therefore, the phenomenon of infringement of well-known trademark rights is more prominent and the types of infringement are more diverse. In addition to the above categories clearly stipulated in the Trademark Law and the Regulations for the Implementation of the Trademark Law, there are other well-known trademark infringements, mainly including:

1. Because well-known trademarks are widely known by the public, their intangible value is extremely high. However, some enterprises sometimes ignore the importance of trademark registration, so they are strongly noted. Although unregistered well-known trademarks are also protected, the degree of protection of unregistered well-known trademarks is obviously lower than that of registered trademarks. Even if they can protect their rights through judicial procedures after being forced to note, the expenses are unnecessary burdens for enterprises.

2. Take a well-known trademark as the enterprise name. It is easy for the general public to associate trademarks with enterprise names, especially well-known trademarks. The public will think that based on the success of well-known trademarks, their enterprise names will inevitably be associated with this. This will also give this kind of well-known trademark infringers an opportunity.

3. Take a well-known trademark as the domain name. With the continuous development of the network, new things such as e-commerce and online shopping appear, and the domain name is unique and unrepeatable, which directly connects people with the well-known trademark, so this kind of infringement is also increasing.

4. Use other people's well-known trademarks as the name, packaging and decoration of their own goods, or attach or use the same or similar patterns as well-known trademarks in the specifications, price lists or other documents of goods.

5. Use well-known trademarks in other fields. Since the protection of well-known trademarks extends to prohibiting the use of different types of goods with similar properties, the use of well-known trademarks in other fields also constitutes well-known trademark infringement.

Jurisdiction of cases of infringement of well-known trademarks

Civil actions of infringement of the exclusive right to use a registered trademark and infringement of the special protection rights of well-known trademarks shall be under the jurisdiction of the people's court of the place where the infringing act was committed, the place where the infringing goods were stored, or the place where the seizure was made or the defendant's domicile as stipulated in Articles 13 and 52 of the Trademark Law.

the storage place of infringing goods refers to the place where a large number of infringing goods are stored or hidden regularly; The place of seizure refers to the place where the customs, industry and commerce and other administrative organs seized and detained infringing goods according to law, excluding the place where the court took temporary measures to seize and seal infringing goods. In the place where the infringing goods are stored or detained, the parties may sue the perpetrators of the storage, storage and transportation, or the dealers and manufacturers of the goods, or all the actors at the same time.

in a lawsuit brought by several defendants in different places where the infringement was committed, the plaintiff may choose the people's court in the place where one of the defendants committed the infringement to have jurisdiction; The people's court in the place where the defendant's infringement was committed has jurisdiction over a lawsuit filed only against one of the defendants. For example, if the obligee brings a suit against all infringers for the infringement acts such as manufacturing by Party A, transporting by Party B, storing by Party C and selling by Party D, he can choose the place where any defendant's infringement acts are carried out (but not his domicile) to sue; However, if only a defendant (such as a manufacturer) is prosecuted, he can only choose the court where the defendant's behavior is implemented or where he lives, but not in the court where the sales place or other infringement is implemented.

it should be noted that according to the relevant judicial interpretation, the jurisdiction of civil dispute cases of trademark infringement is no longer determined according to the place where the infringement results occur, provided that the above provisions are met; The provisions of other judicial interpretations on determining jurisdiction according to the place where infringement results occur are no longer applicable to trademark infringement disputes.

how to protect well-known trademarks?

China's legislation on the protection of well-known trademarks is relatively late. The extended protection of well-known trademarks in the Interim Provisions on the Recognition and Administration of Well-known Trademarks is mainly reflected in three aspects:

1. Prohibition of improper registration. Where a trademark identical with or similar to another person's well-known trademark is applied for registration on non-similar goods, and the rights and interests of well-known trademark registrants may be harmed, the Trademark Office may reject its application for registration. Where a well-known trademark has been registered, the registrant may request the Trademark Review and Adjudication Board to cancel it.

2. improper use is prohibited. Where a trademark identical with or similar to another person's well-known trademark is used on a non-similar commodity, and it will imply that the commodity has some connection with the well-known trademark registrant, which may damage the rights and interests of the well-known trademark registrant, the well-known trademark registrant may request the administrative department for industry and commerce to stop it.

3. It is forbidden to use it as a trade name. Since the date of recognition of a well-known trademark, if others use words identical or similar to the well-known trademark as part of the enterprise name, which may cause public misunderstanding, the administrative department for industry and commerce shall not register it; Where it has been registered, the registrant of a well-known trademark may request its cancellation. Article 13 of China's revised Trademark Law extends the protection of well-known trademarks to non-similar goods or services, and formally establishes the expansion and protection of well-known trademarks in the form of legislation

The filing standard for the crime of counterfeiting registered trademarks

1. If a producer or seller violates the laws and regulations on trademark management and impersonates another person's registered trademark, and reaches the filing standard stipulated in this regulation, he shall be investigated for criminal responsibility according to law.

2. If the amount of illegal income (i.e. sales income, the same below) from counterfeiting another person's registered trademark reaches the following standards, it shall be put on file:

(1) Using the same trademark as its registered trademark on the same commodity without the permission of the registered trademark owner, and the amount of illegal income is more than 2, yuan;

(2) selling goods that are known to be counterfeit registered trademarks, and the illegal income is more than 2, yuan;

(3) forging, manufacturing or selling a registered trademark of another person without authorization, and the illegal income is more than 1, yuan.

conspire with the criminals who counterfeit others' registered trademarks, provide them with convenient conditions such as manufacturing, selling, using, warehousing, transporting, mailing and concealing, and investigate the criminal responsibility of the criminals who counterfeit registered trademarks.

3. Counterfeiting a registered trademark of another person, in any of the following circumstances, shall be regarded as serious and shall be put on file:

(1) Having the acts listed in Item (1) of Article 2 of these Provisions, and the illegal business amount is more than 1, yuan;

(2) Whoever commits any of the acts listed in Item (3) of Article 2 of these Provisions, forges or makes without authorization another person's registered trademark logo, or sells more than 2, forged or made without authorization registered trademark logos.

4. Counterfeiting a registered trademark of another person, although it does not meet the standards stipulated in Item (1) and (3) of Article 2 or Article 3, is also considered as a serious case under any of the following circumstances and should be put on file:

(1) Being punished twice by the administrative department for industry and commerce for counterfeiting a registered trademark of another person;

(2) counterfeiting a registered pharmaceutical trademark for human use;

(3) using bribery and other illegal means to promote counterfeit trademark goods or counterfeit or unauthorized manufacture of trademarks registered by others;

(4) counterfeiting another person's registered trademark, causing adverse social impact and international impact.

5. if an enterprise or institution has the above-mentioned acts that meet the filing standards of articles 2, 3 and 4, the people's procuratorate shall file a case and investigate its criminal responsibility according to law.

6. Any case of counterfeiting another person's registered trademark, which is directly related to the crime of producing and selling fake and inferior commodities, shall be filed for investigation by the procuratorial organ. If the procuratorial organ considers that it is necessary to directly accept the case of producing and selling fake and inferior commodities, it may also file a case for investigation on its own.

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