1. If there is any infringement of trademark exclusive rights listed in the Trademark Law and a dispute arises, it shall be resolved through negotiation between the parties.
2. For trademark infringement disputes, if the parties 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 it.
3. If a lawsuit is filed with the People's Court, the result will be handled by the industrial and commercial administration department in accordance with legal procedures. If the infringement is determined to be established during the handling, the infringement will be ordered to immediately stop the infringement, and the infringing goods and products will be confiscated and destroyed. Tools specifically used to manufacture infringing goods and counterfeit registered trademarks, and can be fined.
First, if there is any infringement of the exclusive right to use a trademark as listed in the Trademark Law, and a dispute arises, it shall be resolved through negotiation between the parties.
Second, for trademark infringement disputes, if the parties are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party can file a lawsuit in the People's Court or request the industrial and commercial administration department to handle it.
Third, if a lawsuit is filed with the People's Court, the result will be handled by the industrial and commercial administration department in accordance with legal procedures. If the infringement is determined to be established during the handling, the infringement will be ordered to immediately stop the infringement and the infringing goods will be confiscated and destroyed. and tools specifically used to manufacture infringing goods and counterfeit registered trademarks, and fines may be imposed.
Fourth, if the party concerned is dissatisfied with the decision of the industrial and commercial administration department, he or she may file a lawsuit with the People's Court in accordance with the Administrative Litigation Law. implement.
Fifth, the industrial and commercial administrative department that handles the case can mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties. If mediation fails, the parties can file a lawsuit with the People's Court in accordance with the Civil Procedure Law.
Compensation shall be made for losses caused to others due to the bad faith of the trademark registrant. If the trademark infringement compensation, trademark transfer fees, and trademark usage fees are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, all or part of the compensation shall be returned.
1. What are the ways to find out if someone sues you for trademark infringement?
(1) If there is an infringement, you need to stop the infringement and bear the corresponding liability for compensation;
(2) If its registered product items are not consistent with its registered products , there is no infringement and if the rights of the parties are affected, the parties may choose to file a lawsuit with the court to confirm non-infringement of trademark rights to safeguard their legitimate rights and interests;
(3) If the other party has complained many times If someone else infringes the trademark and seeks compensation or benefits, and the use of the trademark is not substantial, they can file a complaint on the grounds of bad faith registration and declare the trademark invalid to the Trademark Office.
When registering and using trademarks, you need to comply with national regulations. If you use other people’s trademarks without their permission, it is also an infringement. Then the infringed party has The right requires the other party to stop the infringement and pay certain civil liability.
2. What are the infringements of registered trademark rights?
(1) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant, Using a trademark that is similar to its registered trademark on the same kind of goods, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;
(3) Sales that infringe the exclusive rights of registered trademarks goods;
(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;
(5) Without the consent of the trademark registrant, Changing its registered trademark and putting the goods with the changed trademark back into the market;
(6) Intentionally providing facilities for infringement of other people’s trademark rights and helping others to infringe trademark rights;
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(7) Causing other damage to others’ exclusive rights to registered trademarks.
Legal basis:
"Trademark Law of the People's Republic of China"
Article 57 Anyone who commits any of the following acts shall be considered an infringement. Exclusive right to register a trademark:
(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant; The registrant’s permission is to use a trademark that is similar to its registered trademark on the same product, or to use a trademark that is the same or similar to its registered trademark on similar products, which is likely to cause confusion;
(3) Sales infringement Products with exclusive rights to registered trademarks;
(4) Forging and manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks;
(5) Without trademark registration The registrant agrees to change its registered trademark and put the goods with the changed trademark into the market;
(6) Intentionally providing facilities for infringement of other people’s exclusive rights to trademarks and helping others to infringe the exclusive rights of trademarks
(7) Causing other damage to the exclusive right to use registered trademarks of others.