As far as category selection is concerned, the desired answer can still be obtained through the query in the encyclopedia of trademark classification, that is, the category where the trademark of the juicer is located is "0709- machinery and parts for food industry-electric juicer 0709; 07 10- mechanical-electric juicer in brewing and beverage industry 0710; 0723- kitchen household appliances (excluding cooking, electric heating equipment and kitchen hand tools)-electric juicer 0723, household electric fruit juicer 0723 ",etc.
What will enterprises do if Admiralty trademark is sued for infringement? In fact, the competition of modern business, from a certain point of view, is the competition of brands, and the role of trademarks is becoming more and more prominent. There are not a few acts of cybersquatting or infringement. There is always right and wrong in one thing, so what should the enterprise do if it is the defendant?
The Trademark Law stipulates that the plaintiff in a trademark infringement lawsuit shall be the owner or interested party of the registered trademark according to the Trademark Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes. Therefore, the plaintiff should meet the above requirements. If the plaintiff is not the owner or interested party of the registered trademark, the defendant may raise the defense that the plaintiff is not qualified.
Enterprises should know that the limitation of action for infringement of the exclusive right to use a registered trademark is two years, counting from the date when the trademark registrant or interested party knows the infringement. If the trademark registrant or interested party has filed a lawsuit for more than 2 years, and the infringement is still going on when the lawsuit is filed, within the validity period of the exclusive right to use a registered trademark, the people's court shall:
If the infringement is ordered to stop, the amount of compensation for infringement damages shall be calculated for two years from the date when the obligee brings a suit in a people's court. If it is found that the statute of limitations is exceeded, it can be used as a defense.
In addition, Article 59 of the Trademark Law stipulates that before a trademark registrant applies for trademark registration, if another person has used a trademark that is the same as or similar to the registered trademark and has a certain influence before the trademark registrant, the exclusive right holder of a registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require him to attach an appropriate distinguishing mark.
So generally speaking, enterprises must pay attention to whether there are similar trademarks in the market when using them. If possible, when the previous trademarks are similar, the two will confuse consumers, and we should try our best to solve this problem. Note: Welcome to Bajie Intellectual Property Trademark Transfer Network. Founded on 20 12, the company is a comprehensive service platform for trademark transfer, trademark registration and trademark transaction!