What are the situations of trademark infringement litigation? Under what circumstances can I file a trademark lawsuit? I will share it with you. Welcome to read, for reference only!

Under what circumstances can I file a trademark infringement lawsuit?

On the circumstances in which trademark infringement litigation can be brought. China's Trademark Law stipulates that a trademark registrant or interested party may bring a lawsuit to the people's court on the following infringement cases:

1. Use the same or similar trademarks on the same commodity or similar commodities without the permission of the obligee;

2. Selling goods that infringe the exclusive right to use a registered trademark of the obligee;

3. Forge or make the registered trademark of the obligee without authorization or sell the forged or made registered trademark of the obligee without authorization;

4, without the consent of the obligee, change its registered trademark and put the goods with the changed trademark on the market;

5. Causing other losses to the exclusive right holder of a registered trademark.

Which court has jurisdiction over trademark infringement litigation?

On the question of which court is under the jurisdiction of trademark infringement litigation. Articles 13 and 52 of the Trademark Law stipulate that:

A civil lawsuit brought for infringement of the exclusive right to use a registered trademark and infringement of the special protection right of a well-known trademark shall be under the jurisdiction of the people's court of the place where the infringing act is committed, the place where the infringing goods are stored, the place where they are detained or the place where the defendant has his domicile.

The place where infringing goods are stored is a place where a large number of infringing goods are stored or hidden within a specified period; The place of seizure refers to the place where the customs, industry and commerce and other administrative organs seal up and detain infringing goods according to law, excluding the place where the court takes temporary measures to seal up and detain infringing goods. At the place where the infringing article is stored or detained, the parties may simultaneously sue the person who stored, kept or transported the article, or the distributor, manufacturer or all the persons who acted.

If several defendants bring lawsuits in different places where the infringement is committed, the plaintiff may choose one of the people's courts where the defendant commits the infringement to have jurisdiction; The people's court in the place where the defendant committed the infringement only has jurisdiction over the lawsuit brought against one of the defendants. For example, the obligee can choose any defendant's place of infringement, but can't choose his domicile, when he files a lawsuit against all infringers for infringement acts such as Party A's manufacturing, Party B's transportation, Party C's storage and Party D's sales. However, if only one defendant, such as a manufacturer, is prosecuted, the defendant can only be prosecuted in the court where his behavior is implemented or where he lives, but not in the court where he sells or where other infringements are implemented.

It should be noted that according to the relevant judicial interpretation, the jurisdiction of trademark infringement civil dispute cases 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 remedy trademark infringement?

After trademark infringement, the trademark holder can remedy the trademark in three ways.

The first way is to file a civil lawsuit with the court, demanding that the infringer bear civil liability.

According to the relevant provisions of the General Principles of Civil Law and Trademark Law, trademark infringers bear civil liabilities mainly to stop the infringement, eliminate the influence and compensate the losses. Once the court finds that the defendant has infringed, there is no doubt that it requires the infringer to stop the infringement and eliminate the influence. The key is how to determine the amount of damages. According to Article 56 of China's Trademark Law, the amount of compensation for infringement of the exclusive right to use a trademark is the interests gained by the infringer during the period of infringement, or the losses suffered by the infringer during the period of infringement, including the reasonable expenses paid by the infringer to stop the infringement. Although the law has certain calculation methods for losses, it is often difficult to calculate the profit amount of the infringer and the loss information of the infringed person in practice for various reasons. Of course, in view of this situation, the second paragraph of Article 56 of the Trademark Law stipulates that if it is difficult to determine the benefits obtained by the infringer or the losses suffered by the infringed person as mentioned in the preceding paragraph, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement. It is the law that sets the upper limit of compensation and gives the infringer an opportunity. In many cases, the final compensation figure is far lower than the infringer's profit, and poor punishment leads to the proliferation of trademark infringement.

The second way is to complain to the administrative department for industry and commerce and ask the infringer to stop the infringement.

Because it takes a long time from filing a lawsuit to the final judgment of the court, it often goes through several stages, such as first instance and second instance, but the punishment is not necessarily effective, and the amount of compensation awarded is not high, far below the loss. Therefore, many trademark owners choose to complain and report to the administrative department for industry and commerce, and the administrative department for industry and commerce will order the infringer to stop the infringement, collect and destroy the infringing trademark logo, and deal with it. According to statistics, about 95% of trademark holders will choose this method because the industrial and commercial departments handle it in a timely manner. However, in terms of compensation, the industrial and commercial departments can only mediate and cannot order the infringer to pay compensation. Therefore, if the trademark holder wants to get compensation, he needs to bring a lawsuit to the court, and the court will decide the amount of compensation after determining whether the infringer has infringed. Sometimes the court's determination of infringement may be different from that of the administrative department for industry and commerce.

For serious infringement of the exclusive right to use a registered trademark, the trademark owner can take the third way, that is, report the case to the public security organ and ask the infringer to bear criminal responsibility.

How to protect unregistered trademarks

Article 3 of the Trademark Law stipulates that "a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law". According to this law, the direct object of China's trademark legal system protection is registered trademarks, and all legal provisions are set around the protection of registered trademarks. Unregistered trademarks are obviously not protected by trademark law.

However, the fact that unregistered trademarks are not protected by law does not mean that the use of unregistered trademarks is laissez-faire. On the contrary, in order to better protect the exclusive right to use registered trademarks and maintain the order of trademark use, it is necessary to standardize the use of unregistered trademarks. Therefore, Article 48 of the Trademark Law specifically stipulates the use of unregistered trademarks.

This provision is a prohibitive norm. As long as the unregistered trademark user does not violate this provision, his unregistered trademark can be used in business activities. Otherwise, the trademark management authority will investigate and deal with it according to law. China implements the principle of voluntary registration in trademark registration, that is, whether trademark users register the trademarks they use depends entirely on their own needs.

Nevertheless, generally speaking, because unregistered trademarks are not protected by trademark law, unregistered trademark users are always in a state of no right protection, and may be prohibited from using the same or similar trademarks at any time because of the approval and registration of others. Therefore, under the principle of trademark protection and registration, the use of unregistered trademarks still does more harm than good.

The above is what I provided for you, I hope you like it!

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