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How long is the statute of limitations for infringement of trademark exclusive rights?
1. How long is the statute of limitations for infringement of the exclusive right to use a trademark? There is no clear stipulation on the statute of limitations for infringement of trademark rights in China's Trademark Law and its Implementation Regulations. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes, the statute of limitations for infringement of the exclusive right to use a registered trademark is three years, counting from the date when the trademark registrant or interested party knows or should know about the infringement. If the trademark registrant or interested party files a lawsuit for more than three years, if the infringement continues at the time of filing the lawsuit, the people's court shall order the defendant to stop the infringement within the validity period of the exclusive right to use the registered trademark, and the amount of compensation for infringement damages shall be calculated forward for three years from the date when the obligee files a lawsuit with the people's court. In addition, according to the provisions of the General Principles of the Civil Law on the limitation of action, the limitation of action is calculated from the time when you know or should know that your rights have been infringed. However, if more than 2 years have passed since the right was infringed, the people's court will not protect it. Under special circumstances, the people's court may extend the limitation of action. Second, what are the acts of infringing trademark rights? In practice, most people don't know that trademarks are infringed, while some people don't know which acts are infringing trademarks. According to the regulations, the following acts infringe the trademark: 1. Using the same trademark as its registered 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 kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods, may easily lead to confusion; 3. Selling goods that infringe the exclusive right to use a registered trademark; 4. Forging or manufacturing others' registered trademark logos without authorization or selling forged or manufactured registered trademark logos without authorization; 5, without the consent of the trademark registrant, change its registered trademark and put the goods with the changed trademark on the market again; 6. Deliberately 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. Trademark infringement will undoubtedly cause losses to trademark owners, and this loss is mainly reflected in the economy. Generally called a registered trademark, it will receive more protection. Therefore, if you find that your registered trademark is infringed by others, you need to take measures as soon as possible to reduce the damage you suffer. For the damage that has been caused, the infringer can also be required to make compensation.