Current location - Trademark Inquiry Complete Network - Trademark registration - What does customs trademark infringement determination mean? How to effectively avoid it?
What does customs trademark infringement determination mean? How to effectively avoid it?

?Customs trademark infringement determination: using a trademark that is identical or similar to a registered trademark on the same or similar goods without the permission of the registered trademark owner. The act of replacing its registered trademark and putting the goods with the replaced trademark back on the market. In theory, this behavior is also known as "reverse impersonation". Selling goods that infringe the exclusive rights of registered trademarks. According to the provisions of the Trademark Law: If you do not know that the goods you sell 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 explained that you provided the goods. Therefore, this type of infringement of trademark rights requires the subjective knowledge of the seller. Forgery or unauthorized production of registered trademarks of others or sale of counterfeit or unauthorized registered trademarks. It should be noted that this type of infringement belongs to trademark infringement, including manufacturing and sales activities. Acts that cause other damage to the exclusive right to use registered trademarks of others.

?If it is discovered that goods suspected of infringement are about to be imported or exported and the customs is required to detain them, the intellectual property right holder shall submit an application to the customs at the place where the goods enter or exit the country in accordance with the provisions of the Regulations. If the intellectual property rights involved have not been registered with the General Administration of Customs, the owner of the intellectual property rights shall also attach the documents and evidence specified in the first and second items of paragraph 1 of Article 7 of these Measures. When requesting customs to detain goods suspected of infringement, the intellectual property right owner should also submit evidence to the customs that is sufficient to prove the obvious fact of infringement. The evidence submitted by the owner of the intellectual property rights should be able to prove the following facts: the goods required to be detained by the customs are about to be imported or exported; the trademarks or works that infringe the exclusive rights of the intellectual property rights are used on the goods without permission, or the patents are implemented.

Trademark rights should be based on whether it will cause confusion among consumers, so that it cannot be used to identify the source of the product. The outer packaging is an integral part of the product and is delivered to the consumer together with the product at the time of sale. It is also used to judge and identify the source of the product. Therefore, product packaging should be further explained, including independent packaging or small packaging that directly contacts the product, which usually has the functions of protecting the product, introducing the product, and facilitating sales; it also includes intermediate packaging. , that is, outer packaging with certain anti-extrusion support, anti-pollution, anti-deterioration and functions. It also includes outer packaging or small packaging used for logistics and transportation. It generally has the function of loading and protecting products and facilitating sales.