Trademarks and enterprise names belong to intellectual property rights and are regulated by different laws respectively. Because the registration of trademark and the registration of enterprise name are not in the same department, and the trademark registration is aimed at the whole country, and the enterprise name is only aimed at the county jurisdiction, therefore, the collision between registered trademark and enterprise name is inevitable. In order to compete with famous brands, some lawless elements often register a company with the same name as other famous and well-known trademarks in Hong Kong or abroad, and then use their own company's name separately and prominently on their products, labels, bills and advertisements, so that consumers mistakenly think that the company's products are the same as registered trademark enterprises. Like what? Goldlion? The trademark is world-famous, and there are Italian Goldlion, Oriental Goldlion and Hong Kong Goldlion in the market. In this case, we believe that as long as you use the company name alone and prominently in the product label, manual, advertising decoration and font size, even if the font is different from other people's registered trademarks, we will investigate and deal with trademark and infringement. There is a simple reason. The name of an enterprise consists of four parts, namely, region, font size, industry and composition form. Why use font sizes separately and highlight them? This is obviously subjective and malicious.
The second is to infringe on the exclusive right to use a registered trademark where others have a patent right.
This illegal party is more cunning than the former, and its method is to apply for a patent for product packaging and decoration design similar to the registered trademark of others. Once the patent certificate is obtained, it will be used in product packaging with dignity to achieve the goal of being on a par with famous brands. If you want to sue him for infringement, he will use the patent certificate as a shield. We believe that although the exclusive right to use a trademark and the exclusive right to use a design are intellectual property rights, which are regulated by the Trademark Law and the Patent Law respectively, they should abide by the principle of good faith in the General Principles of Civil Law and shall not infringe upon the prior rights of others. After applying to the Patent Office for revocation of the infringing patent, the trademark owner may investigate and deal with the approximate infringement of the trademark.
Third, using Chinese characters in other people's combined trademarks as trademarks of commodity names belongs to approximate infringement.
Some registered trademarks are trademarks composed of Chinese, graphics, English or Chinese Pinyin, such as those of Guangdong Wan Jiale Group? Wan Jiale? Combination trademarks are used by some enterprises on the packaging and labels of similar products and commodity names? Wan Jiale brand water heater? When we pointed out that he almost infringed, they cunningly claimed that our trademark was a combination of Chinese characters, pinyin and graphics, but we just gave the water heater a trade name without using the pinyin and graphics on their trademark. How can we say that this is infringement? We believe that people in China generally only remember the Chinese characters of combined trademarks, but don't care about pinyin, English and graphics. They mark the goods with Chinese characters of other people's combined trademarks, which makes the public mistakenly think that they are the products of the trademark owner, which constitutes approximate trademark infringement.
Fourth, the Chinese characters used in commodity names are similar to other people's trademarks, which constitutes infringement.
There are many such phenomena, and illegal parties often make a fuss about Chinese characters registered by others. Among them, some words have different pronunciations from other people's registered trademarks, but their glyphs are similar. Like what? Wuliangchun? This is a national famous wine. Did you find it in the market? Yuwenquan? Wine, and? Jade? Is cursive writing similar? Five? Let the public think it is? Wuliangchun? Wine. Cosmetics? Sassoon? It sells well. Cosmetics on the market? Sha Yi? , do you have it? Wahaha? , I'm coming? Ha ha wa? Do you use it? Robust? Can I use it? Xerox? In this case, the scale we grasp is that if a trademark has two Chinese characters, as long as others use one word to approximate the other, we consider it as approximate infringement; If a trademark has three Chinese characters, as long as someone uses a different word on similar goods and the other two words are the same, we also consider it as approximate infringement.
Fifth, the different arrangement of English or Chinese Pinyin or different individual letters constitute approximate infringement.
In such cases, the registered trademark of the infringed party is often English or Chinese Pinyin. For example, what is the registered trademark of Valentino, a famous Italian brand clothing? Valentin? And what is the trademark of the clothes produced by Valentino Clothing (Hong Kong) Co., Ltd. in the market? Valunino? Although there are differences in letters between the two, the latter is one more than the former? n？ Words, and there are different letters, but it is difficult for consumers to distinguish them without looking carefully, and the latter constitutes an approximate infringement on the former. What about some motorcycles on the market? Humpa? Trademark, and the registered trademark of Honda motorcycle in Japan? Honda? Only? P ",what else? d？ We believe that the trademark of the motorcycle constitutes an approximate infringement of the registered trademark of Honda Technology Industry Co., Ltd..
Sixth, the combination of two or more registered trademarks constitutes approximate infringement.
If a clothing enterprise has applied to the State Trademark Office successively? Huh? And then what? Gore? Two registered trademarks, and then combine the two trademarks? Youngor? . Although there are differences in fonts, they still constitute well-known trademarks. Youngor? Approximate infringement. Another manufacturer of household appliances has applied for registration? Changer? 、? Haihong? Trademark, in specific use, they deliberately put these two trademarks together to become? Changhong Haier? Let consumers mistakenly think that it is a product jointly produced by Haier and Changhong. Although the Trademark Law does not stipulate that a product can only use one trademark, and these trademarks are all registered, in specific use, deliberately putting two trademarks together to mislead consumers subjectively and maliciously constitutes infringement of well-known trademarks.
Seventh, approximate infringement of trademark graphics.
Some illegal parties are generally famous graphic trademarks near the world. The worst part is lacoste? Crocodiles? Graphic trademark. The trademark is characterized by a crocodile with its head facing right, its mouth open and its tail slightly upturned. However, nearly 30 different crocodile species were found in China. We believe that, except for the crocodile T-shirt, the two crocodile trademarks of Singapore Crocodile International Company in Hong Kong are left-facing, others, whether wearing a crown or with their tails hooked down, whether riding on crocodiles, or looking like crocodiles and lizards, or crocodiles and geckos, all constitute approximate infringement of the French lacoste crocodile trademark.
What are the types of trademark infringement? 1. Use a trademark that is the same as or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant. In this paper, trademark infringement is divided into four forms:
(1) The trademark accused of infringement is the same as the registered trademark, and the goods used by the trademark accused of infringement also belong to the same category as the goods approved for use by the registered trademark.
(2) The accused infringing trademark is the same as the registered trademark, and the goods used by the accused infringing trademark are similar to those approved by the registered trademark.
(3) The accused infringing trademark is similar to the registered trademark, and the trademark used by the accused infringing trademark belongs to the same category as the goods approved for use by the registered trademark.
(4) The accused infringing trademark is similar to the registered trademark, and the goods used by the accused infringing trademark are similar to those approved by the registered trademark.
2. Selling goods that infringe the exclusive right to use a registered trademark;
3. Forging or manufacturing others' registered trademarks without authorization or selling forged or manufactured registered trademarks without authorization;
4, without the consent of the trademark registrant, change its registered trademark and put the goods with the changed trademark on the market again. This kind of behavior is also called? Reverse counterfeiting? .
5, causing other damage to the exclusive right to use a registered trademark of others. Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates that the following acts are acts that cause other damage to the exclusive right to use a registered trademark for others as stipulated in Item (5) of Article 52 of the Trademark Law:
(1) Significantly using words that are the same as or similar to other people's registered trademarks on goods that are the same as or similar to our company, which is easy to mislead the relevant public;
(2) Copying, imitating or translating a well-known trademark registered by others or a major part of it as a trademark on different or similar goods, misleading the public and possibly harming the interests of the registrant of the well-known trademark;
(3) It is easy to mislead the relevant public by registering words identical with or similar to other people's registered trademarks as domain names and conducting related commodity transactions through the domain names.
How to determine that a counterfeit registered trademark has the following four elements to constitute the infringement of selling counterfeit registered trademarks:
1, there must be an illegal act, that is, the actor has carried out the act of selling goods with counterfeit registered trademarks;
2, there must be damage facts, that is to say, the behavior of selling counterfeit trademark goods implemented by the actor has caused the damage consequences of the trademark owner. Selling goods with counterfeit registered trademarks of others will cause serious property losses to the obligee, and at the same time, it will also bring goodwill damage to the units enjoying registered trademarks. Property loss and goodwill damage are both damage facts.
3. The subjective fault of the actor refers to the fact that the actor already knows or should know that the goods sold are counterfeit registered trademarks.
4. There must be a causal relationship between the illegal behavior and the damage result, that is, there is a causal relationship between the illegal sales behavior and the damage result caused by the trademark owner.
The above are the types of trademark infringement provided by Bian Xiao. I hope everyone will like it!