legal analysis
Trademark infringement is trademark infringement, which means that the actor uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner from using his registered trademark and damage the legitimate rights and interests of the trademark owner. The infringer usually bears the responsibility of stopping the infringement, and the perpetrator who knows or should know that it is an infringement also bears the responsibility of compensation. If the circumstances are serious, they shall also bear criminal responsibility. Trademark infringement refers to: the actor uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner from using his registered trademark and damage the legitimate rights and interests of the trademark owner. The actor sells goods that he knows or should know are counterfeit registered trademarks, and the natural person or legal person whose trademark exclusive right is infringed has the right to ask the infringer to stop the infringement, eliminate the influence and compensate for the losses in civil. The exclusive right to use a trademark protected by the trademark law is exercised by the subject; Exercising different rights forms different subjects of rights; The stipulated tort acts are all carried out by the subject, and the subjects who carry out different acts form different tort subjects. Therefore; Grasping trademark infringement from the perspective of subject seems to be more conducive to understanding the relationship among subject, litigation right and responsibility. The behavior that bears the responsibility of compensation is to bear the responsibility of compensation. The infringer usually bears the responsibility of stopping the infringement, and the actor who knows or should know that it is an infringement also bears the responsibility of compensation. If the circumstances are serious, they shall also bear criminal responsibility.
In case of objection to the trademark announced after preliminary examination and approval according to Article 35 of the Trademark Law of the People's Republic of China, the Trademark Office shall listen to the facts and reasons stated by the objector and the objector, and after investigation and verification, make a decision on whether to approve the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. If the Trademark Office decides to approve the registration, it shall issue a trademark registration certificate and make an announcement. If the objector refuses to accept it, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law. If the trademark office decides not to register, and the objector refuses to accept it, it may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. If the objector refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice. The people's court shall notify the dissenter to participate in the proceedings as a third party. In the process of reexamination in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the examination if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or being handled by the administrative organ. After the reasons for suspension are eliminated, the review procedure shall be resumed.