It is increasingly difficult to register a good trademark name, but the benefits of trademarks to trademark owners are obvious, which has led to the emergence of many imitation brands, or direct use of others' registered names without permission. It is an infringement to sell one's own products under a trademark to create value for oneself.

As a trademark owner, encountering trademark infringement must be a troublesome thing. After all, the trademark brand you manage with great pains is like the child you raise, and you work hard for its growth every day.

With the development of society, complaints and reports of trademark infringement are increasing day by day. On the one hand, this reflects the increasing awareness of corporate rights protection, but it also shows that a large number of legitimate trademark rights and interests in society are being infringed upon by more and more lawbreakers. So what kind of behavior will be assessed as trademark infringement, and what are the key points and difficulties in determining trademark infringement? Today, the editor will take you to learn more about how to determine whether your trademark has been infringed by others. Please read the following points:

Infringement can be roughly divided into the following types

( 1) Use of a trademark that is identical or similar to a registered trademark on the same or similar goods without the permission of the registered trademark owner;

(2) Use of a trademark on the same or similar goods without the permission of the trademark registrant; Using a trademark that is similar to its registered trademark on a certain product, or using a trademark that is the same or similar to its registered trademark on similar products can easily lead to confusion;

(3) Selling products that infringe the exclusive rights of registered trademarks behavior. Combined with the provisions of Article 56, Paragraph 3 of the Trademark Law: If you sell goods that are not known to infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and explain the supplier. Therefore, this form Trademark infringement requires the seller's subjective knowledge as the main condition.

(4) The act of counterfeiting or unauthorized manufacturing of registered trademarks of others or selling forged or unauthorized registered trademarks. It should be noted that this infringement is a trademark infringement, including "manufacturing" and "sales".

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market;

(6) Intentionally infringing the trademark of others Providing convenient conditions for the exclusive rights of others and helping others to infringe the exclusive rights of trademarks;

(7) Causing other damage to others’ exclusive rights of registered trademarks.

What should we do when we encounter the above infringements?

1. Collect and preserve evidence

When an infringement is discovered, the first thing to do is to collect and preserve evidence, and fix other people’s infringing goods by taking photos, videos, physical purchases, etc. , notarize the evidence when necessary, and at the same time learn as much as possible about the other party's product sales, investigate and collect evidence.

2. Send a lawyer's letter to the other party

After you have obtained the evidence, you can entrust a lawyer to send a lawyer's letter to the other party to warn and deter the other party, giving the other party a chance to make corrections. If the other party's products are sold on an e-commerce platform, you can also report it through the e-commerce platform to deter the other party.

3. Communicate and negotiate with the other party to resolve the matter.

The law stipulates that if a dispute arises from infringement of the exclusive rights of a registered trademark, the trademark registrant or interested party may negotiate with the infringer to resolve the dispute. If the other party's infringement is not serious and is willing to communicate and negotiate to resolve the infringement, the two parties may resolve the infringement through negotiation. The facts and infringement compensation shall be negotiated and settled.

4. Complain to the industrial and commercial administrative department

The industrial and commercial administrative department has the right to supervise trademarks and can complain to the industrial and commercial administrative department regarding infringement incidents. It should be noted that the law requires trademark registrants to file If the industrial and commercial administrative department complains and requests protection of its trademark exclusive rights, it should submit a written complaint application and attach its valid supporting materials, including the complaint letter, trademark registration certificate and pictures of the actual use of the trademarks of both parties.

5. File a lawsuit in the People's Court

Protect your legitimate rights and interests through judicial channels. If you are unwilling to negotiate a settlement according to legal provisions or if negotiation fails, you may directly file a lawsuit in the People's Court.

By filing a civil lawsuit, you can ask the other party to stop the infringement and compensate for losses.