Infringement of service trademark (with case description)
what is a service trademark and how can it be regarded as infringement? This is why many users are vague about the concept of service trademarks, which leads to ignoring the infringement of service trademarks of other legal persons. Then here is a summary of what can be regarded as service trademark infringement and the factors that need to be punished by law. The details are as follows: The following acts belong to service trademark infringement: (1) Using a service trademark that is the same as or similar to the service trademark of others without authorization; (two) in the same or similar services, unauthorized use of the same or similar words as other people's service trademarks as service names, which is enough to cause misunderstanding; (3) Forging or making without authorization the marks of other people's service trademarks or selling forged or made without authorization; The above acts mainly refer to forging, unauthorized manufacturing or selling forged and unauthorized manufactured goods (such as tableware in catering industry) that are used in the service industry and bear the service trademark of others; (4) using a service trademark that is identical with or similar to another's service trademark without authorization by advertising, propaganda media or other means to guide consumption, which is enough to cause misidentification; (5) Deliberately providing places, tools, auxiliary equipment, service personnel, introducing customers (consumers) and other convenient conditions for the infringer to commit infringement; Or provide convenient conditions for the infringer such as warehousing, transportation, mailing, and concealing articles with service trademark marks; (6) If other damage is caused to the exclusive right of registered trademarks of others, such damage includes the possibility of damage. The use of service marks is regarded as the use of service marks in the following circumstances: (1) service places; (2) service signs; (3) service tools; (four) business cards, postcards, gifts and other service items with service trademarks; (5) Account books, invoices, contracts and other commercial transaction documents bearing service trademarks; (six) advertising and other promotional items; (7) Other articles used for providing services. Other people's normal use of the symbols commonly used in the service industry, as well as the normal use of trade names (shop names), names, place names, service place names, indicating service features, explaining service matters, etc., do not constitute infringement of the exclusive right to use service trademarks, except those with obvious unfair competition intentions. Case of service trademark infringement: (? Hey, hey, hey? Trade name infringement case) is the first in China? Hey, hey, hey? , has become a hot pot chain brand that many consumers like to patronize. Because in? Wowotuan? Found on the group buying website? Sunshine? What is the service and operation mode of the group-buying hot pot package named? Hey, hey, hey? The hot pot catering provided is very similar. Recently, Xiabu Xiabu Catering Management Co., Ltd. will provide? Sunshine? Shijiazhuang Xiabu Catering Co., Ltd., a hot pot restaurant, and Beijing Wowotuan Information Technology Co., Ltd., which provides group buying services, sued the court and demanded that the two companies bear the tort liability. Xiabu Xiabu Catering Management Co., Ltd. believes that the behavior of Shijiazhuang Xiabu Catering Co., Ltd. can easily lead to confusion and misunderstanding among consumers. Wowotuan? As an information publishing website, they failed to fulfill their censorship obligations, and the actions of the two defendants constituted the same infringement. And? Wowotuan? The person in charge publicly responded to the case and said, Sunshine? In April 212, we cooperated with Wowotuan. As a third-party e-commerce platform, Wowotuan has conducted a reasonable review on it. Shijiazhuang Xiabu Catering Co., Ltd. is legally established with approval and owns? Sunshine? Registered name, with online conditions. This case involves the conflict between the legally registered trade name right and the trademark right. Relevant experts pointed out that in the trademark infringement and unfair competition case of Hebei Sanhe Fucheng Cattle Group Corporation v. Harbin Fucheng Diet Co., Ltd. Kunming Branch in 26, the court pointed out that both the enterprise name right and trademark right were approved and registered by the relevant departments and should be protected by law. When the rights of the two conflict, it is necessary to comprehensively consider the time when the rights were obtained, the well-known situation of the trade name and trademark, and the scope of goods or services approved and registered. At present, the case is still under further trial because one party has raised a jurisdictional objection.