1. Beware of infringement of others' exclusive right to use trademarks

Now many enterprises are accused, many of which are not intentional by infringers, and often happen without knowing that their trademarks or product aliases and decorations are registered trademarks of others or are similar to them. Being punished in this case, the punished always feels wronged. But the law shows no mercy, and those who break the law will be prosecuted. How to avoid this unintentional infringement? The main points are as follows:

1. The principal responsible persons and trademark workers of enterprises, including the designers of labels and packaging, should be familiar with trademark laws and be able to use them flexibly.

2. Do not use unregistered trademarks. Either you don't use a trademark or you use a registered trademark. It is better not to use the trademark in advance, because the exclusive right of the trademark is uncertain. In order to avoid the contradiction between long registration time and urgent need for use, it is suggested that enterprises should have a sense of being ahead of time when applying for registration and declare at the beginning of product development and research.

3. Do not alias the product. If you need to distinguish your own new and old products of the same type, you can give a new name to the new product, but you must declare and register it as a trademark.

4. Use the registered trademark correctly according to law, without changing the pattern of the registered trademark. If it is really necessary to change, the changed pattern shall be declared for registration.

5. When designing trademark identification and product packaging, try to highlight the registered trademark graphics and less decorative patterns. It is best to consider the requirements of logo and packaging design when applying for trademark registration, or design the product logo and packaging first, and then put forward the part that can be registered as a trademark to apply for registration. In addition, we should pay attention to the identification and packaging of similar products in the same industry, not imitate the design style of others, but have our own unique design ideas and styles.

ii. prevention of infringement by others

after the registration of a trademark, the registrant enjoys the exclusive right. Protecting the exclusive right to use trademarks is not only the responsibility of administrative law enforcement departments, but also the important work of enterprises. It is an important aspect to prevent others from infringing and endangering their exclusive right to use registered trademarks. In addition to paying attention to the problems mentioned above, we should also pay attention to and do a good job in the following aspects:

1. Pay close attention to the trademark registration situation, and find that the trademark applied for registration by others is the same or similar to our own trademark, and should raise objections or disputes.

2. Conduct market surveys frequently, and ask local promoters and branches to pay attention to the logo packaging of similar products enterprises in the market. When they find suspected infringement, they should stop it in time until they file a lawsuit with the administrative department for industry and commerce or file a lawsuit with the court.

3. Strengthen the management of trademark identification.

many cases of counterfeit trademarks investigated by the industrial and commercial departments are related to the poor management of trademark identification and packaging by registrants. Some registrants have poor custody, resulting in the theft and loss of signs; Some of them failed to effectively destroy the waste sub-marks (including the waste sub-marks in the printing process and in the use process), or even sold them to waste collectors; Some of them did not strictly examine the logo printing plants and carton factories, and these logo processing plants violated laws, contracts and conscience and resold the printed quantity to others; Wait a minute.

another situation is that after the products are consumed by consumers, the product packaging and other marks may still be intact. At this time, some lawless elements will recycle these marks at a high price to make counterfeit products. The best way to deal with this situation is to design the logo that is destroyed after the product is consumed by consumers, or to mark the trademark directly on the goods.

4. register defensive trade mark and joint trademarks.

defensive trade mark refers to the owner who, in order to prevent others from using his trademark on different kinds of goods, separately registers his trademark on non-similar goods. This kind of trademark registered on non-similar goods is a defensive trademark. China's Trademark Law has no clear provisions on this. Enterprises can register on non-similar goods according to general trademarks, so as to prevent others from using the reputation of their well-known trademarks. According to the international practice, this kind of trademark is generally difficult to register, but once registered, it will not be revoked by the national trademark authority because it is idle. In China, because there is no clear legal provision, enterprises can only be registered separately according to general trademarks, and they must use them after registration, that is, they must not stop using them for three consecutive years. However, China's trademark law provides a wide range of use of this trademark, including goods, commodity packaging or containers and trading documents, as well as advertising, exhibitions and other business activities. Therefore, enterprises can remove the obstacle of "stopping using for three consecutive years" as long as they use it once in three years or advertise once.

III. Combating Infringement and Counterfeiting

China's Trademark Law stipulates that the following acts belong to infringement:

1. Using a trademark that is the same as 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. Forge or make another person's registered trademark logo without authorization or sell the forged or made registered trademark logo without authorization;

4. Without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;

5. on the same or similar goods, using marks identical or similar to others' registered trademarks as commodity names or commodity decorations, misleading the public;

6. Deliberately providing convenient conditions such as warehousing, transportation, mailing, concealment, etc. for infringement of the exclusive right to use a registered trademark of others;

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

from the above provisions, the scope of protection of the exclusive right to use a registered trademark is much larger than that of the exclusive right to use a registered trademark. The exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use.