Are there any circumstances for trademark infringement litigation? Under what circumstances can a trademark lawsuit be filed? The editor has compiled a list of trademark infringement litigation situations to share with everyone. Welcome to read, for reference only! Under what circumstances can a trademark lawsuit be filed? Trademark Infringement Litigation

Concerning the circumstances under which a trademark infringement lawsuit may be filed. my country's Trademark Law stipulates that the trademark registrant or interested party may file a lawsuit with the People's Court under the following circumstances of infringement:

1. Use on the same or similar goods without the permission of the right holder Trademarks that are identical or similar to the registered trademark;

2. Selling goods that infringe the exclusive rights of the right holder’s registered trademark;

3. Counterfeiting or unauthorized manufacturing of the right holder’s registered trademark logo or selling counterfeit , Create the right holder's registered trademark without authorization;

4. Replace the registered trademark without the right holder's consent and put the goods with the changed trademark into the market;

5. Give the rights Other losses caused by the person’s exclusive right to register a trademark. Which court has jurisdiction over trademark infringement litigation?

Regarding the issue of which court has jurisdiction over trademark infringement litigation. Articles 13 and 52 of the Trademark Law stipulate:

Civil lawsuits filed for infringement of the exclusive right to use a registered trademark or infringement of the special protection rights of a well-known trademark shall be determined by the place where the infringement is committed and the storage of the infringing goods. The people's court has jurisdiction over the place of seizure or seizure or the defendant's domicile.

The storage place of infringing goods refers to the place where infringing goods are stored or concealed in large quantities or regularly; the place of seizure and seizure refers to the place where customs, industry and commerce and other administrative agencies seal and detain infringing goods in accordance with the law, excluding the place where the infringing goods are stored or concealed by the court. Temporary measures include seizing and sealing the location of the infringing goods. In the place where the infringing goods are stored or seized, the parties may sue the perpetrators who performed storage, custody, transportation, etc., or the dealers and manufacturers of the goods, or all the perpetrators at the same time.

For the same lawsuit filed by multiple defendants involving different places where the infringement was committed, the plaintiff can choose the People's Court of the place where one of the defendants' infringement was committed to have jurisdiction; for lawsuits filed only against one of the defendants , the people's court in the place where the defendant's infringement was committed has jurisdiction. For example, for infringement activities such as A's manufacturing, B's transportation, C's storage, and D's sale of infringing goods, if the rights holder files a joint lawsuit against all infringers, the place where any defendant's infringement is committed (but not the place of residence) can be selected. However, if only one defendant (such as the manufacturer) is sued, the defendant can only be sued in the court where the defendant's behavior was committed or where the defendant is domiciled, but not in the court where the defendant was sold or where other infringing acts were committed.

It should be noted that, according to relevant judicial interpretations, for civil dispute cases involving trademark infringement, if the above provisions are met, jurisdiction will no longer be determined based on the place where the infringement results occurred; other judicial interpretations related to cases based on infringement The provisions that determine jurisdiction where the result occurs no longer apply to trademark infringement dispute cases. How to remedy trademark infringement?

After a trademark holder suffers trademark infringement, there are three ways to remedy trademark infringement.

The first way is to file a civil lawsuit in court and require the infringer to bear civil liability.

According to the relevant provisions of my country's "General Principles of Civil Law" and "Trademark Law", the main ways for trademark infringers to bear civil liability are to stop the infringement, eliminate the impact and compensate for losses. Once the court finds that the defendant has committed an infringement, it is unquestionable to require the infringer to stop the infringement and eliminate the impact. The key is how to determine the amount of compensation. Article 56 of my country’s Trademark Law stipulates: The amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits gained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including Reasonable expenses paid by the infringer to stop the infringement. Although the law has certain calculation methods for losses, in practice due to various reasons, it is often difficult to calculate the amount of profit made by the infringer and the loss data of the infringed party.

Of course, in response to this situation, Paragraph 2 of Article 56 of the Trademark Law stipulates: If it is difficult to determine the benefits gained by the infringer due to the infringement or the losses suffered by the infringed party due to the infringement mentioned in the previous paragraph, the People's Court shall Depending on the circumstances of the infringement, a compensation of less than 500,000 yuan may be awarded. It is the law that stipulates the upper limit of compensation, which gives infringers an opportunity. In many cases, the final compensation figure is far lower than the profit of the infringer. Due to the ineffective punishment, trademark infringement is rampant.

The second way is to file a complaint with the industrial and commercial administration and ask the infringer to stop infringement.

Since it takes a long time to file a lawsuit in court and reach the final judgment, it often needs to go through several stages of first instance and second instance. However, the intensity of punishment may not be effective, and the amount of compensation awarded is not high, far less than the loss. , therefore many trademark holders choose to file complaints and reports with the industrial and commercial administration authorities, which order the infringers to stop infringement, seize and destroy infringing trademarks, and impose fines. Since the industrial and commercial department handles it more promptly, according to statistics, about 95% of trademark holders will choose this method. However, when it comes to compensation, the industrial and commercial department can only mediate and cannot order the infringer to make compensation. Therefore, if the trademark If the holder wants to obtain compensation, he must file a lawsuit with the court separately. The court will determine the amount of compensation after determining whether the infringer has infringed the law. Sometimes the court's determination of infringement may be different from that of the industrial and commercial administration department.

For serious infringement of the exclusive rights of a registered trademark, the trademark owner can take the third method, that is, report the case to the public security agency and require the infringer to bear criminal liability. How to protect unregistered trademarks

Article 3 of the "Trademark Law" stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law. Judging from this legal provision, the direct object of protection by my country's trademark legal system is registered trademarks. All legal provisions are designed around the protection of registered trademarks. Unregistered trademarks are obviously not protected by trademark laws.

However, unregistered trademarks are not protected by law, which does not mean that the use of unregistered trademarks is left unchecked. On the contrary, in order to better protect the exclusive rights of registered trademarks and maintain the order of trademark use, it is necessary to regulate the use of unregistered trademarks. Therefore, Article 48 of the Trademark Law specifically regulates the use of unregistered trademarks.

This provision is a prohibitive norm. As long as users of unregistered trademarks do not violate this provision, their unregistered trademarks can be used in commercial activities. Otherwise, the trademark administrative authority will investigate and deal with it in accordance with the law. my country's trademark registration adopts the principle of voluntary registration, that is, the trademark user decides whether to register the trademark he or she uses completely depends on his or her own needs.

However, generally speaking, because unregistered trademarks are not protected by trademark laws, users of unregistered trademarks are always in a state of unprotected rights, and may be subject to the approval of registration of identical or similar trademarks by others at any time. and is prohibited from use. Therefore, when the registration principle is adopted for trademark protection, the use of unregistered trademarks will still do more harm than good.

The above is the trademark infringement litigation situation provided by the editor. I hope you will like it!