1. Can trademark infringement lawsuits be filed in other places? 1. Yes, lawsuits filed due to infringement shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled. 2. Cases of infringement of the exclusive right to use a trademark are generally under the jurisdiction of the intermediate people's court at the place where the infringement occurred or where the defendant is domiciled, or the grassroots court with jurisdiction over trademark cases. 3. Complaints to the Industry and Commerce Bureau about trademark registration infringement include: Generally, the form should be in writing, stating the relevant situation and providing relevant evidence, such as the name and address of the suspected infringement, the place where the alleged infringement occurred, the trademark logo or item suspected of infringement ( photos, photocopies), etc. 4. Legal basis: Article 57 of the Trademark Law of the People’s Republic of China: Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark: (1) Without the permission of the trademark registrant, any use of the same product in the same category Use a trademark that is the same as its registered trademark on goods; (2) Use a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or use a trademark that is the same or similar to its registered trademark on similar goods, It is easy to cause confusion; (3) Selling goods that infringe the exclusive rights of registered trademarks; (4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks; (5) Without the consent of the trademark registrant , replaces its registered trademark and puts the goods with the changed trademark into the market; (6) Deliberately provides facilities for infringement of the exclusive rights of others' trademarks and helps others to infringe the exclusive rights of trademarks; (7) Gives registered trademarks to others The exclusive right causes other damage.
2. How to determine trademark infringement 1. Follow the principle of protecting registered trademarks. The exclusive right to trademark is generated through registration, during which it has gone through legal procedures and strict review. Therefore, after the exclusive right to trademark is established, Trademarks that are deemed improperly registered should be protected within the scope of the law before being revoked. 2. Reasonably determine similar trademarks. Similar trademarks refer to the glyphs, pronunciations, meanings of words, the composition and color of graphics, or the overall structure of words and graphics, which are likely to cause consumers to misunderstand the source of the goods when compared with a registered trademark. 's trademark. Determining similar trademarks requires detailed analysis of specific circumstances. Comparisons are mainly made from the sound, shape, and meaning of the trademark, combined with factors such as composition, color, and overall structure, and a combination of isolated observation, overall observation, and key part observation is adopted. Make a comprehensive judgment. 3. Correctly determine similar goods. Similar goods refer to the use of a trademark that is the same as or similar to a registered trademark and is similar to the goods approved for use with the registered trademark in terms of functions, uses, raw materials, production companies, consumer objects, sales channels, etc. Products that are likely to cause consumers to misunderstand the source of the product. 4. Don’t make a choice based on the quality of goods. Trademarks are a sign that distinguishes the source of goods. They have the function of indicating the quality of goods, but it is not the main function. The provisions of the Trademark Law include supervision of product quality, but the main content is to protect the goods. Exclusive right to register a trademark. Therefore, in specific infringement cases, the quality of the goods does not affect the determination of trademark infringement. 5. Do not give up the illegal use of the registered trademark owner. The exclusive right to use a trademark is a civil right, and the registrant has the right to exercise its rights within the scope of the law. If the registrant violates the Trademark Law and the Implementing Rules of the Trademark Law during the use of a registered trademark, relevant provisions may be applied and the registrant shall be required to bear corresponding administrative legal responsibilities, but this will not affect the determination of trademark infringement. . 6. Reasonable definition of normal use. The unauthorized use of words and graphics that are the same as or similar to a registered trademark does not necessarily constitute trademark infringement: if such use is in a normal manner, it does not constitute trademark infringement. 7. Comprehensively weigh other factors. In the process of identifying trademark infringement cases, in addition to the factors that need to be grasped above, other factors may also be involved, such as the popularity, distinctiveness and specific use of the trademark, and the relationship between the parts and components of the product as a whole. relationship, the degree of subjective fault of the owner of the disputed trademark, etc. Because other factors involved in individual cases are inconsistent, the determination of trademark infringement will also be inconsistent. Trademark infringement can be prosecuted in another place.
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