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Someone else’s trademark uses my pattern. What should I do if I own the copyright?

First, investigate the relationship between the registration time of this trademark and the time when your copyright was determined, and find out the time relationship between the two.

If your copyright is determined earlier, you can determine that the other party’s trademark registration infringes upon your intellectual property rights;

When it is basically confirmed that the other party’s trademark infringement is infringed, it is necessary to collect and Prepare relevant evidence of the other party's trademark infringement and relevant information of the infringing unit, such as company name, legal representative, registered address, registration approval authority, trademark registration time and approval authority, trademark product status and scope of use, etc.

At the same time, you must also prepare relevant evidence from your own side, mainly copyright approval certificates and other relevant documents, to prove that the copyright rights belong to you personally.

When all preparations are done, you can sue the other party in the local court in your place of residence for infringement of your intellectual property rights in registering product trademarks and selling products.

Extended information

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

Article 47

Civil liability:

Publishing a work without the permission of the copyright owner;

Publishing a work created in collaboration with others as a work created solely by oneself without the permission of the co-author;

Not participating in the creation, but signing others' works for personal fame and gain;

Distorting or tampering with other people's works;

Plagiarizing other people's works;

Using works for exhibitions, making movies, using methods similar to making movies, or using works by adapting, translating, annotating, etc., without the permission of the copyright owner, except as otherwise provided for in this law;

For the use of other people's works, remuneration should be paid but has not been paid;

Unauthorized copyright owners of film works and works created with methods similar to filmmaking, computer software, audio and video products, or copyright-related matters Leasing his works or audio and video products with the permission of the right holder, unless otherwise provided for in this law;

Using the layout design of books or periodicals published by the publisher without the permission of the publisher;

Live broadcasting or publicly transmitting a live performance, or recording a performance without the permission of the performer;

Other infringement of copyright and copyright-related rights and interests.

Article 48

Those who commit the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses;

If the interests of the public are harmed at the same time, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and may impose a fine;

If the circumstances are serious, the copyright The administrative department can also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; if a crime is constituted, criminal liability will be pursued in accordance with the law:

Reproduction, distribution, performance, screening without the permission of the copyright owner , broadcast, compile, or disseminate his or her works to the public through information networks, except as otherwise provided for in this law

Publishing books for which others have the exclusive right to publish;

without performing Without the permission of the producer, copy or distribute audio and video recordings of his or her performance, or disseminate his or her performance to the public through information networks, except as otherwise provided for in this law

Copying or distributing audio or video recordings without the permission of the producer of the audio or video recording. Distributing and disseminating to the public the audio and video products produced by them through information networks, except as otherwise provided for in this Law;

Playing or copying radio or television without permission, except as otherwise provided for in this Law ;

Intentionally avoiding or destroying the technical measures taken by the right holder to protect copyright or copyright-related rights for his works, audio and video products, etc., without the permission of the copyright owner or copyright-related rights holder, Except as otherwise provided by laws and administrative regulations;

Anyone who intentionally deletes or changes the electronic rights management information of works, audio and video products, etc. without the permission of the copyright owner or copyright-related rights holder shall be subject to legal, administrative Except as otherwise provided by laws and regulations;

Producing and selling works that counterfeit the signature of others.

Baidu Encyclopedia - Intellectual Property

Baidu Encyclopedia - Copyright Law of the People's Republic of China and the People's Republic of China