① Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant;

② selling goods that infringe the exclusive right to use a registered trademark;

③ Forging or unauthorized manufacturing of another person's registered trademark logo or selling forged or unauthorized registered trademark logo;

④ changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again;

⑤ causing other damage to the exclusive right to use a registered trademark of others.

How to deal with the infringement of the exclusive right to use a registered trademark

If there is one of the acts of infringement of the exclusive right to use a registered trademark stipulated by law, which causes a dispute, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a suit in a people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined. If a party refuses to accept the decision, he may bring a suit in a people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling; If the infringer neither brings a suit nor performs it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution. The administrative department for industry and commerce may, at the request of the parties concerned, mediate the amount of compensation for infringement of the exclusive right to use a trademark; If mediation fails, the parties may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.

in addition, the administrative department for industry and commerce has the right to investigate and deal with acts that infringe on the exclusive right to use a registered trademark; Suspected of committing a crime, it shall be promptly transferred to judicial organs for legal treatment. Identification standard of infringement of registered trademark rights

1. Determine the right scope of the exclusive right to use a registered trademark. The scope of the right to exclusive use of a registered trademark is the basic basis for identifying trademark infringement.

all the factors considered in judging whether trademark infringement can be recognized or claimed to constitute are carried out around the scope of the right to exclusive use of registered trademarks. According to Article 51 of China's Trademark Law: The exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use. ? .

obviously, from this provision, the scope of the right to exclusive use of a registered trademark is limited to the registered trademark and the goods approved for use by the registered trademark. The scope is determined by two factors, one is the registered trademark; Second, the goods approved for use by the registered trademark. The combination of the two constitutes the right scope of the exclusive right to use a registered trademark, which also determines the standard for comparing the trademark infringement with the accused infringement object, so as to draw the conclusion whether it constitutes infringement.

2. Determine the specific object of the alleged infringement. The determination of the object of alleged infringement is determined by two factors:

First, the trademark of alleged infringement

Second, the goods used by the trademark of alleged infringement

The significance of determining the specific object of alleged infringement lies in determining and solidifying the carrier of alleged infringement, laying a solid foundation for the comparison with the protection scope of trademark rights in the next step. It is as important as determining the right scope of the exclusive right to use a registered trademark, and it is another comparative object to identify trademark infringement.

3. compare the accused infringing object with the registered trademark and the goods approved for use by the registered trademark, and determine whether the trademark accused of infringement is the same or similar, and whether the goods used by the accused infringing trademark belong to the same category or similar to the goods approved for use by the registered trademark.

through the three basic steps to identify the infringement, especially after comparing the accused infringing object with the registered trademark and the goods approved for use by the registered trademark, we can determine whether it constitutes trademark infringement. How to calculate the compensation for trademark infringement

The application of the first calculation method (the benefits obtained by the infringer due to infringement)

It is very complicated to calculate the benefits obtained by the infringer due to infringement in strict accordance with the financial system. First, it is almost impossible to obtain the complete and true financial records of the infringer in practice. Second, the infringer may not actually make any profits. For example, the infringement is discovered at the beginning, and all the goods have not been sold or the sales volume is very small. The explanation of the High Court further simplified the problem. Explain article 14:? The benefits obtained from infringement stipulated in the first paragraph of Article 56 of the Trademark Law can be calculated according to the product of the sales volume of the infringing goods and the unit profit of the goods; If the unit profit of the commodity cannot be ascertained, it shall be calculated according to the unit profit of the registered trademark commodity. ?

this method is widely used in practice and relatively easy from the point of view of investigation and evidence collection, so it is the first choice.

the application of the second calculation method (the loss suffered by the infringed party due to infringement)

This method is very uncertain. How to calculate the loss suffered by the infringed party due to infringement? Explain article 15:? The losses suffered by infringement as stipulated in the first paragraph of Article 56 of the Trademark Law can be calculated according to the decrease in the sales of goods caused by infringement by the obligee or the product of the sales of infringing goods and the unit profit of the goods with the registered trademark. ? This method is actually difficult to apply in practice. We can't simply think that the decline in sales is caused by infringement. There are countless reasons for the decline in sales. Every product has its life cycle, and it is bound to decline at the end of the product life. If the product is in its heyday, the sales volume is likely not to decline, so how can this be calculated? There are also thousands of reasons for the decline of unit profit. Sometimes, in order to expand market share, manufacturers cut prices by themselves, so unit profit is bound to decline, which has nothing to do with the infringer.

At present, it is rare to see compensation calculated in this way in practice.

application of the third calculation method (statutory compensation)

interpretation of article 16: If it is difficult to determine the benefits obtained by the infringer or the losses suffered by the infringed, the people's court may determine the amount of compensation at the request of the parties or ex officio by applying the provisions of the second paragraph of Article 56 of the Trademark Law. ?

The statutory compensation has preconditions, and it is only applicable when the first two methods cannot be calculated. The statutory compensation is discretionary by the judge from to 5, yuan, and the judge has the final say below 5, yuan. The range from to 5, yuan is too large, but please rest assured that the judge is not free to say it. Explain the second paragraph of article 16: When determining the amount of compensation, the people's court should consider the nature, period and consequences of the infringement, the reputation of the trademark, the amount of the trademark license fee, the type, time and scope of the trademark license, and the reasonable expenses for stopping the infringement. ? The judge should comprehensively consider the various factors stipulated, among which the trademark license is relatively applicable. In practice, some courts directly calculate the infringement compensation according to the license fee, and calculate the compensation according to the license fee, and the compensation amount is likely to be more than 5, yuan.

that's what xiaobian provided for you? What are the acts of infringing the exclusive right to use a trademark? , I hope everyone can like it! right to exclusive use of a trademark