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Article 57 of the Trademark Law

Article 57 of the Trademark Law: Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark:

1. Without the permission of the trademark registrant, using Using a trademark that is the same as its registered trademark on the same kind of goods;

2. Using a trademark similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using a trademark similar to its registered trademark on similar goods Trademarks with identical or similar trademarks that are likely to cause confusion;

3. Selling goods that infringe the exclusive rights of registered trademarks;

4. Counterfeiting, unauthorized production or sales of registered trademarks of others Forging or making unauthorized registered trademarks;

5. Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market;

6 . Intentionally providing convenient conditions for infringing the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks;

7. Causing other damage to others' exclusive rights to registered trademarks.

Infringement of the exclusive rights of registered trademarks, also known as trademark infringement, refers to all behaviors that damage the rights and interests of others’ registered trademarks. To judge whether an act constitutes an infringement of the exclusive right to use a registered trademark, it mainly depends on whether it meets four elements: first, the objective existence of the fact of damage; second, the illegality of the act; third, the fact that the damage is caused by an illegal act; fourth, the intentional or intentional nature of the act. fault. When the above four elements are met at the same time, it constitutes trademark infringement.

If the trademark registrant or interested party has evidence to prove that others are committing or about to commit acts that infringe upon the exclusive rights of the registered trademark, and if not stopped in time, their legitimate rights and interests will be irreparably damaged, Before filing a lawsuit, you may apply to the People's Court to take measures to order the cessation of relevant behavior and property preservation measures.

To sum up, trademark holders should handle trademark protection in accordance with the laws of our country. Once someone infringes the trademarks of such people, they should actively litigate such infringements in accordance with legal provisions. my country's infringing parties should compensate the victims of such cases and protect the legal order of my country's economic market.

Legal basis:

"Trademark Law of the People's Republic of China"

Article 15

Without authorization, If an agent or representative registers the trademark of the principal or represented person in his or her own name, and if the principal or represented person raises an objection, the registration shall not be granted and use shall be prohibited.

The trademark applied for registration for the same kind of goods or similar goods is identical or similar to an unregistered trademark previously used by another person, and the applicant has a contract, business relationship or other relationship with the other person other than those specified in the preceding paragraph. If the trademark of another person is known to exist and the other person raises an objection, the trademark shall not be registered.

Article 16

If a trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the mark, and it misleads the public, it shall not be registered and its use shall be prohibited; However, registration that has been obtained in good faith continues to be valid.

The geographical indications mentioned in the preceding paragraph refer to signs indicating that a certain commodity originates from a certain region, and that the specific quality, reputation or other characteristics of the commodity are mainly determined by the natural factors or human factors of the region.

Article 17

Foreigners or foreign enterprises applying for trademark registration in China shall comply with the agreement or *** signed between their country of origin and the People's Republic of China. It shall be handled in accordance with the international treaties to which it is a party, or in accordance with the principle of reciprocity.

Article 18

When applying for trademark registration or handling other trademark matters, you can handle it yourself or entrust a trademark agency established in accordance with the law to handle it.