What about trademark infringement?

What about trademark infringement?

In today's society, the standard of living is gradually improving, and the purchasing power is also increasing. What kind of goods to buy, how to choose, and the difference between goods and goods may be due to different brands, which leads to different sales. Therefore, some unscrupulous businesses make a big fuss by using the homophonic and close characters of trademarks, resulting in trademark confusion and endless means. It really dazzles consumers and accidentally falls into a trap! Some can be used as a pastime in life, but some have serious consequences and have to be thought-provoking!

Trademark infringement refers to the use of the same or similar trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to stop the infringement, and the perpetrator who knows or should know that the infringement is also liable for compensation. If the circumstances are serious, they should also bear criminal responsibility.

What (I) acts are trademark infringements?

Article 52 of the Trademark Law of the People's Republic of China provides for five types of violations of registration.trademark exclusive right:

1,Trademark RegistrantThe license to use a trademark that is the same as or similar to its registered trademark on the same or similar goods.

The article can be divided into four forms of trademark infringement:

　　（1)The trademark accused of infringement is the same as the registered trademark, and the goods used by the trademark accused of infringement and the goods approved for use by the registered trademark also belong to the same category.

　　（2)The trademark accused of infringement is the same as the registered trademark, and the goods used by the trademark accused of infringement are similar to those approved for use by the registered trademark.

　　（3)The trademark accused of infringement is similar to the registered trademark, and the trademark used by the trademark accused of infringement belongs to the same category as the goods approved for use by the registered trademark.

　　（4)The trademark accused of infringement is similar to the registered trademark, and the goods used by the trademark accused of infringement are similar to the goods approved for use by the registered trademark.

2,Selling goods that infringe upon the exclusive right to use a registered trademark;

3,Those who forge or manufacture, without authorization, the marks of a registered trademark of another person or sell the marks of a registered trademark that are forged or manufactured without authorization;

4,Withouttrademark registrationA person agrees to replace its registered trademark and put the goods with the replaced trademark on the market again. This behavior is also called"Reverse Fake".

5,Causing other damage to another person's exclusive right to use a registered trademark.

Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases stipulates that the following acts are acts that cause other damage to the exclusive right to use a registered trademark of another person as stipulated in Item (V) of Article 52 of the Trademark Law:

　　（1)The use of words that are the same as or similar to the registered trademark of another person as the font size of the enterprise on the same or similar goods is prominent, which is likely to cause misunderstanding by the relevant public;

　　（2)Copying, imitating or translating a well-known trademark registered by another person or a major part thereof for use as a trademark on different or dissimilar goods, thereby misleading the public and causing possible harm to the interests of the registrant of the well-known trademark;

　　（3)It is easy for the relevant public to misunderstand the e-commerce of registering the same or similar words as the registered trademark of others as a domain name and conducting relevant commodity transactions through the domain name.

How to deal with (II) trademark infringement?

legal liability for trademark infringement:

1Administrative responsibility.

For infringement of the exclusive right to use a registered trademark, in accordance with Article 53 of the Trademark Law,, 《Rules for the Implementation of the Trademark LawArticle 43 stipulates that the administrative department for industry and commerce may take the following measures to impose penalties.

　　（1) Order to stop the infringement. Specific measures are as follows:

①order the immediate cessation of the sale;

②Confiscation and destruction of infringing goods;

③Confiscation and destruction of tools specially used for manufacturing infringing goods and forging registered trademark marks.

　　（2) to impose a fine.

If the infringement of the exclusive right to use a registered trademark has not yet constituted a crime, the administrative department for industry and commerce may, according to the circumstances, impose an illegal business sum.A fine of less than 50% or less than five times the profit obtained from the infringement; the person directly responsible for the infringement unit may be fined less than 10000 yuan according to the circumstances.

2Civil Liability

According to Article 118 of the "General Principles of Civil Law", if a trademark right is infringed, it has the right to demand that the infringement be stopped, the influence be eliminated, and the loss be compensated. According to Article 53 of the Trademark Law, the infringed may require the infringer to immediately stop the infringement and compensate for the losses. Among them, the amount of tort compensation is the benefit obtained by the infringer during the period of infringement, or the loss suffered by the infringer as a result of the infringement during the period of infringement, including the reasonable expenses paid by the infringer to stop the infringement. If the first two are difficult to determine, by the people's court based on the circumstances of the infringement to give.Compensation below 500000 yuan.

3Criminal Liability

 In addition to administrative liability and civil liability, trademark infringement may also constitute the crime of counterfeiting registered trademarks, the crime of selling counterfeit registered trademarks, the crime of illegally manufacturing registered trademark logos, and the crime of selling illegally manufactured registered trademark logos.

  Here I want to share with readers a relatively simple and efficient way to deal with trademark infringement, that is, when encountering trademark infringement, don't panic, find an authoritative intellectual property agency, with a team of professional practitioners and lawyers, to provide you with a comprehensive and high-standard solution, and finally achieve satisfactory results without painstaking labor.