First, in view of the fact that some infringements only infringe upon the interests of the registrant and do not bring harm to others, the registrant can resolve the disputes arising therefrom through self-negotiation.
Second, it can appropriately reduce the energy invested by the parties to trademark disputes in resolving disputes.
Third, the parties reduce the number of trademark cases through consultation, so that law enforcement departments can make better use of existing law enforcement resources. However, it should be noted that the trademark infringement disputes negotiated by ourselves are, first of all, disputes that do not constitute criminal acts. The perpetrators whose main business is counterfeiting other people's registered trademarks and whose amount reaches the filing standard must be investigated for criminal responsibility.
Secondly, in the dispute cases settled by self-negotiation, the infringement is generally minor and the consequences are not serious, so administrative punishment can be exempted, that is, administrative responsibility can be exempted.
Third, the main purpose of investigating and dealing with infringement is to protect the civil rights and interests of obligees from infringement. Negotiation settlement means that the obligee himself has given up the right to pursue civil liability against the infringer because he thinks that his rights have not been damaged or the consequences of the damage are not serious.
In law enforcement practice, we can master it according to the following principles:
1. Except for cases complained by trademark registrants, under normal circumstances, the industrial and commercial authorities will not require the parties to negotiate actively in trademark infringement cases. If the parties take the initiative to ask for consultation, they may be given a certain period of time to negotiate on their own. If they can't provide evidence that has been settled through consultation, they should handle it administratively according to trademark infringement cases.
2. When the industrial and commercial authorities accept the trademark owner's complaint, it shall be deemed that the owner has given up the negotiation or the negotiation fails, and the industrial and commercial department that filed the case will no longer take the initiative to resolve the dispute between the parties through negotiation.
3. At the request of the parties concerned, the industrial and commercial authorities that filed trademark disputes agreed to settle the case through consultation before making an administrative decision. If the settlement does not harm the public interests, the industrial and commercial authorities may cancel (cancel) it according to their written request.