Core Tip: Jiangsu Satellite TV dating show You Are the One, which is deeply loved by the public, has been involved in a lawsuit for alleged infringement of trademark rights. Recently, the case has made progress. Jiangsu Satellite TV dating show You Are the One respects intellectual property rights and will temporarily be renamed as You Are the One. What if the trademark is infringed? The following is introduced by the legal experience Xiaobian in this article.

The following situations are trademark infringement:

Article 57 of China's Trademark Law stipulates that any of the following acts is an infringement of the exclusive right to use a registered trademark:

(1) Using the same trademark on the same commodity without the permission of the trademark registrant;

(2) without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity, or using a trademark identical to or similar to its registered trademark on similar commodities may easily lead to confusion;

(3) selling goods that infringe upon the exclusive right to use a registered trademark;

(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(5) changing its registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again;

(6) intentionally providing convenient conditions for the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;

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

that is to say, knockoffs, high imitation products that use other people's trademarks on the same or similar goods, those who sell these products, and those who provide forged trademarks for these products are all acts of trademark infringement.

When a trademark is infringed, you can do this:

Step 1, judge whether there is an objective fact of damage;

Step 2, judge the illegality of the behavior;

Step 3, judge whether the existing damage facts are caused by illegal acts;

Step 4, judge whether the behavior is intentional;

If it is found through careful identification that the trademark has been infringed, there are three ways to solve it:

1. Negotiate with the infringer;

2. request the administrative department for industry and commerce to handle it;

3. Bring a lawsuit to the people's court;

generally speaking, if a settlement is reached through negotiation or if the administrative department for industry and commerce is requested to handle it, it is possible that no agreement can be reached through negotiation. In this case, we have to choose the way of bringing a lawsuit to the people's court. trademark infringement