1. Is a minor change in the trademark an infringement?
Minor changes in trademarks, as long as there are similarities or similarities, are infringement;
Article 52 of China's Trademark Law commits one of the following acts; Are violations of the exclusive right to use a registered trademark:
1, using the same or similar trademark with 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. Forging or altering another person's registered trademark logo or selling forged or altered registered trademark logo;
4. Without the consent of the trademark registrant. Change its registered trademark and put the goods with the changed trademark on the market again.
Second, how to define whether a trademark is infringing?
1, whether the defendant is malicious, you know, it is very important to check the defendant's subjective fault and subjective malice for infringement judgment;
2. Whether the logo used by the defendant is the same as or similar to the registered trademark, whether it confuses consumers' cognition of the goods, which is also a judgment of infringement;
3. The logo should be different. If it is a common term recognized by ordinary operators or consumers, it does not have exclusive rights, nor can it exclude the legal application of others.
Third, the trademark infringement proceedings
When the trademark owner's exclusive right to use a registered trademark is infringed by others, the trademark owner can bring a lawsuit to the intermediate people's court in the place where the infringement occurred after mastering certain evidence of infringement, so as to safeguard his trademark right.
(1) Submission
1, the power of attorney entrusted by the trademark owner;
Where the trademark owner is a citizen of a foreign country, Hong Kong, Macao and Taiwan, the power of attorney shall be notarized by a notary public in China or the country/region where it is located, and then certified in China.
(1) Civil litigation;
(2) If the trademark owner thinks it necessary to preserve the evidence of the infringer's infringement before litigation, he shall submit an application for evidence preservation;
(3) The trademark owner thinks it is necessary to preserve the property of the infringer (such as the registered trademark of the infringer). ), it shall submit an application for property preservation and pay the corresponding guarantee;
(4) Proof of the rights of the trademark owner,
(5) The evidence of trademark infringement of the defendant mainly includes the accused infringing products produced by the defendant, sales invoices, sales contracts, audio-visual materials, etc. When the plaintiff cannot obtain the alleged infringing products, the invoices and contracts for selling the alleged infringing products can also be used as direct evidence;
(6) Evidence about the infringer, including the exact name and address of the infringer; If the infringer is a legal person, the industrial and commercial registration information issued by the administrative department for industry and commerce shall be provided.
(ii) Specific procedures
Filing a case → evidence preservation and document delivery to the defendant → property preservation → defendant's reply within15 (30th) → evidence exchange → trial → judgment.
To sum up, trademark infringement, similar to a trademark does not necessarily constitute infringement, but similar to a trademark may constitute infringement; The purpose of registering a trademark is to protect the legitimate rights and interests of the parties. So you can't infringe other people's trademarks, or you will pay the corresponding price.