Legal analysis: A trademark is a mark that distinguishes the products or services of one enterprise from those of another enterprise. It is a visually perceptible sign. Behind the trademark is actually the brand, and the brand is also an intangible asset of the enterprise. The company name, that is, the company's trade name is not a trademark. Most trademarks are product identifiers, and most large companies and service-oriented companies also apply to register their company names as trademarks. Common practices when encountering trademark infringement:
1. Actively defend rights. If an enterprise wants to grow and develop and consider the long term, it must actively protect its own rights and interests. Intellectual property rights are private rights, and private rights need to be actively maintained by the rights holders themselves and cannot just rely on the government.
2. Reasonable layout. If infringement is widespread, a preliminary investigation of the infringement situation should be conducted, a rights protection plan should be formulated, a reasonable layout should be implemented, and the matter should be actively promoted.
3. Cooperate with lawyers and investigation companies. If the company has not established its own rights protection team, it must establish relevant departments or responsible personnel, and may consider cooperating with professional lawyers and investigation companies to safeguard its legitimate rights and interests.
Legal basis: "The People's Republic of China and the Civil Code"
Article 120 If civil rights and interests are infringed, the infringed party has the right to request the infringer to bear tort liability .
Article 183: If one is harmed due to protecting the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may provide appropriate compensation. If there is no infringer, the infringer has escaped or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation.
Article 1,167 If an infringement endangers the personal or property safety of others, the infringed party has the right to request the infringer to bear tort liability such as ceasing the infringement, removing obstacles, and eliminating danger.
Article 1,168 If two or more persons jointly commit infringement and cause damage to others, they shall bear joint and several liability.