If you are sued for trademark infringement and compensate 50,000 yuan, but there is no money to compensate, you can make a request to pay the compensation in installments. If the other party has money but claims that there is no money, you can file a request for enforcement with the court. request, and the infringer's property may then be seized.
1. What should I do if I am sued for trademark infringement and have no money to compensate? If I am sued for trademark infringement and I have no money to pay, there are the following methods: 1. Apply for compulsory execution. 2. Execution in installments. 3. The prerequisite for enforceability is that the court's judgment is successful and the judgment becomes effective. The court will find out the property in the other party's name. If it is a company, it will be company accounts, physical contributions, etc.; if it is an individual, the property will be wider, including real estate, accounts, stocks, vehicles, etc. 4. If it cannot be enforced, there may be differences depending on the execution status of the judges in each court. Some courts terminate execution, and there may be no consequences for the person subject to execution. If it is an individual, some may involve personal credit, consumption restrictions, detention, etc. If it is a company, the legal representative may be dealt with.
2. Types of Trademark Infringement Acts According to Article 57 of the Trademark Law of the People’s Republic of China, seven types of acts that infringe on the exclusive right to register a trademark are stipulated: 1. Unregistered trademark 2. Using a trademark similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using its registered trademark on similar goods without the permission of the trademark registrant Identical or similar trademarks that are likely to cause confusion; 3. Selling goods that infringe the exclusive rights of registered trademarks; 4. Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks; 5. Selling goods 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 infringing the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks; 7. Registration for others The exclusive right to use the trademark causes other damage;
3. Contents of the trademark right (1) Exclusive right to use The exclusive right to use is the most important content of the trademark right and the most basic core right in the trademark right. Its legal feature is that the trademark owner can exclusively use the approved trademark on the approved goods and obtain other legitimate rights and interests through use. The exclusive right to use is relative and can only be used within the scope provided by law. Article 51 of my country's Trademark Law stipulates: "The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use." That is, a registered trademark can only be used on the goods or services approved at the time of registration. It is not as good as similar goods or services; the trademark owner is not allowed to change the sign that constitutes the registered trademark without authorization, nor is it allowed to use a trademark that is similar to the registered trademark. " (2) Right of Prohibition: The right of prohibition means that the owner of a registered trademark has the right to prohibit others from using the same or similar trademark as the registered trademark on the same or similar goods or services without his permission. Trademark rights have the same characteristics as property ownership. The property of the trademark is exclusivity without interference from others, which is embodied in the prohibition of illegal use, printing and other infringements of the registered trademark. It can be seen that the exclusive right to use and the right to prohibit are two aspects of the right to use a trademark. The difference between the right of use and the right of prohibition is that they have different scopes of effect. The right of use involves the registrant's use of the registered trademark, while the right of prohibition involves the issue of resisting the unauthorized use of the registered trademark by others without his permission. According to the provisions of the Trademark Law, the registrant's exclusive right to use is limited to the approved registered trademark and the goods approved for use. Generally, trademark infringement will be ordered to pay a certain amount of economic compensation. Sometimes, there will be no infringement. If you have the ability to pay the compensation, you can allow the other party to pay it in installments or in a deferred manner. However, the owner of the trademark does not know whether he really has no money or is lying, so he can sue as long as the other party does not pay compensation. p>