Trademark infringement means that the perpetrator uses the same or similar logo as the genuine registered trademark on the same and similar goods without the permission of the trademark owner, interfering or hindering the trademark owner from using his registered trademark, and damaging the trademark Acts of legitimate interests. If an actor knowingly sells goods that are counterfeit registered trademarks and infringes upon the exclusive right to use the trademark, the legal person has the right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses.

1. Basic classification:

In terms of subjects, in trademark infringement litigation, there are two basic categories: rights subjects and liability subjects. The rights subject is the owner and interested party of the trademark right. The right holder is the original owner of the trademark right. Apply for trademark registration to the National Trademark Office and obtain registration approval. Interested parties are heirs who have acquired part or all of the rights and interests in a trademark right through inheritance, transfer or licensing of the trademark right.

2. Jurisdictional issues:

Because the jurisdiction of a case is formally represented by different divisions of labor between different courts at a geographical or level level, but in fact it is the jurisdiction over the actions of the subject of litigation. . Article 29 of the "Opinions on Several Issues Concerning the Application of the Civil Procedure Law" stipulates that lawsuits filed due to infringement shall be under the jurisdiction of the court where the infringement occurred or where the defendant is domiciled. The "Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law" further explains that the place of infringement includes the place where the infringement occurs and the place where the infringement results.

3. Prosecution requirements:

In a trademark infringement case, if the defendant commits the infringement himself, the plaintiff can choose the court where the defendant is domiciled or the place of infringement to sue. Other courts have no jurisdiction. . When determining infringement compensation, the plaintiff can file a lawsuit for infringement of the defendant's rights, and the defendant should bear infringement liability. If the plaintiff files a trademark infringement lawsuit against several related defendants, and the infringement behavior of several defendants does not show intentional contact or fault, the situation becomes more complicated.

Trademark exclusive rights are generated through registration. During this period, after the exclusive right to trademark is established, it will be protected within the scope of the law after legal procedures and strict review. It is believed that improperly registered trademarks should be protected until revoked. According to Article 36 of the "Regulations on the Implementation of the Trademark Law", the decision to cancel a registered trademark will not have retroactive effect on the decisions of the industrial and commercial administrative authorities on trademark infringement cases that have been executed before the cancellation.