Current location - Trademark Inquiry Complete Network - Trademark registration - How to deal with trademark infringement of individual industrial and commercial households
How to deal with trademark infringement of individual industrial and commercial households
Legal analysis: the exclusive right to use a trademark is a kind of property right and is protected by law; The legitimate rights and interests of registered trademarks are also protected by the trademark management order according to law. The disposal of trademark infringement is stipulated in law and has the following meanings: 1. In case of any infringement of the exclusive right to use a trademark listed in the Trademark Law, any dispute shall be settled by the parties through consultation. 2. If the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle the dispute. 3, to the people's court, according to legal procedures; If it is handled by the administrative department for industry and commerce, and the infringement is found to be established at the time of handling, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined. 4. If a party refuses to accept the decision of the administrative department for industry and commerce, it may bring a lawsuit to the people's court in accordance with the administrative procedure law; If the infringer fails to bring a suit and perform it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution. At the request of the parties, the administrative department for industry and commerce can mediate the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law.

Legal basis: Trademark Law of People's Republic of China (PRC).

Article 4 If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration. The application for registration of a malicious trademark that is not intended to be used shall be rejected. The provisions of this Law on commodity trademarks shall apply to service trademarks.

Article 15 If an agent or representative registers the principal or the trademark of the principal in his own name without authorization, and the principal or the principal objects to it, it shall not be registered and the use thereof shall be prohibited.

Where the trademark applied for registration on the same or similar goods is the same as or similar to the unregistered trademark previously used by others, and the applicant has a contract, business relationship or other relationship with others other than those specified in the preceding paragraph, knowing that the trademark of others exists, and others raise objections, registration shall not be granted.

Article 19 A trademark agency shall follow the principle of good faith, abide by laws and administrative regulations, accept the entrustment of the principal, and handle trademark registration applications or other trademark matters; Have the obligation to keep confidential the business secrets of the principal known in the process of agency. According to the provisions of this law, if the trademark applied for registration by the client may not be registered, the trademark agency shall clearly inform the client. If the trademark agency knows or should know that the trademark applied for registration by the client has the circumstances stipulated in Articles 4, 15 and 32 of this Law, it shall not accept its entrustment. A trademark agency shall not apply for other trademark registration except agency services.