Legal subjectivity:

Trademark infringement is also a relatively common form of intellectual property infringement. For trademark infringement, trademark infringement often infringes on an interest of the trademark owner. Therefore, for trademark infringement, trademark infringement also needs to be punished. 1. What is the meaning of trademark infringement? Trademark infringement means that the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes or hinders the trademark owner from using its registered trademark. Other behaviors that damage the legitimate rights and interests of the trademark owner. If the perpetrator sells goods that he knows or should have known are counterfeit registered trademarks, the natural person or legal person whose exclusive right to use the trademark has been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses. If the following four elements are met, it constitutes an infringement of selling goods with counterfeit registered trademarks: 1. There must be an illegal act, that is, the perpetrator has carried out the act of selling goods with counterfeit registered trademarks; 2. There must be a fact of damage, That is to say, the perpetrator’s behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage. 3. The offender is subjectively at fault, which means that the offender already knew or should have known that the goods sold were goods with counterfeit registered trademarks. 4. There must be a causal relationship between the illegal act and the damage, which means that there is a causal relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner. 2. What are the litigation procedures for trademark rights? 1. Prosecution: Submit a complaint to the filing tribunal of the court with jurisdiction. First-instance cases of trademark civil disputes are under the jurisdiction of the intermediate people's courts and above. Each higher people's court shall be based on the actual situation of its jurisdiction. , with the approval of the Supreme People's Court, 1 to 2 grassroots people's courts in larger cities can be identified to accept first-instance trademark civil dispute cases. Civil lawsuits filed due to infringement of the exclusive rights to registered trademarks and infringement of the special protection rights of well-known trademarks shall be determined by infringement. The people's court shall have jurisdiction over the place where the act is committed, where the infringing goods are stored, or where the seizure or seizure is made, or where the defendant is domiciled. 2. Case filing: If the court considers that the case filing conditions are met after review, the court will notify the parties to pay the litigation fees within seven days, and the case will be filed after the fees are paid. 3. After accepting the case, the court will serve a copy of the complaint to the other party within five days, and the other party will file a defense within 15 days. 4. Evidence exchange, this is a very important step, because the infringer will be willing to destroy the evidence after knowing that the right holder is suing, so the right holder can request the court to preserve evidence. According to the Trademark Law of the People's Republic of China and the People's Republic of China According to Article 58 of the Trademark Law, in order to stop infringement, if the evidence may be lost or difficult to obtain in the future, the trademark registrant or interested party may apply to the People's Court to preserve evidence before filing a lawsuit. 5. The hearing will be held and the collegial panel will make a ruling. If you are not satisfied with the ruling, you can appeal to the higher people's court within ten days from the date of service. If you are not satisfied with the judgment, you can appeal to the higher people's court within fifteen days from the date of service. 3. Issues on how to determine jurisdiction over trademark disputes 1. Trademark infringement disputes: According to Article 29 of the Civil Procedure Law: "A lawsuit filed due to an infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled." Article 28 of the "Civil Complaint Opinions" stipulates that the place of infringement includes the place where the act is committed and the place where the results occur. According to Article 6 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases": "Civil lawsuits filed due to infringement of the exclusive right to use a registered trademark shall be subject to seizure or seizure by the place where the infringement is committed, the place where the infringing goods are stored, or where the infringing goods are stored. The People's Court of the place where the defendant is domiciled shall have jurisdiction." 2. Trademark contract disputes: According to Article 24 of the Civil Procedure Law, lawsuits filed due to contract disputes shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or the place where the contract is performed. A trademark contract is a type of contract and this provision should apply.

The law is objective:

"Trademark Law"

Article 57

Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:

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(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Using the same trademark on the same product without the permission of the trademark registrant Using a trademark that is similar to its registered trademark on a certain product, or using a trademark that is the same or similar to its registered trademark on similar products, which is likely to cause confusion;

(3) Selling products that infringe the exclusive right to use a registered trademark ;

(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Replacing other trademarks without the consent of the trademark registrant Registering a trademark and putting the goods with the replaced trademark into the market;

(6) Intentionally providing facilities for infringement of 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.