What should I do if my copyrighted image is trademarked by someone else? Everyone should know about trademarks. Many times, companies register trademarks so that the company’s interests will not be infringed. However, there are still cases of infringement. Below, the intellectual property rights will explain the relevant content for everyone’s reference and study. I hope Helpful for everyone.
What should I do if my trademark has been copyrighted by someone else?
You can apply to the court for litigation.
Article 60 of the "Trademark Law" involves any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law and causes a dispute, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, , the trademark registrant or interested party may file a lawsuit in the People's Court, or request the industrial and commercial administrative department to handle the matter.
If the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
What should I do if the copyrighted image is registered as a trademark by others? related content. We can understand that according to regulations, if a company's trademark rights are infringed, it can apply to court for litigation. I hope everyone can understand this. If you still have any questions, you can consult a professional intellectual property consultant. Copyright infringement trademark infringement