Second, lodge a strong protest and negotiation with the infringement suspect, demanding that he immediately stop the infringement.
Third, complain to the administrative department for industry and commerce and demand to stop the infringement.
Fourth, bring a lawsuit to the people's court.
Fifth, ask the other party to compensate for the loss, eliminate the influence and apologize.
Sixth, actively cooperate with the administrative department for industry and commerce to actively investigate and deal with cases and provide evidence and clues such as trademark registration certificates.
Seventh, the infringing products that may be exported should be seized by the customs.
Eighth, anyone suspected of committing a crime should report it to the public security department immediately.
How to obtain the evidence of trademark infringement can be obtained by yourself or by entrusting a professional lawyer:
1. Proof of prior rights of the infringed. (including trademark registration certificate, patent certificate, copyright registration certificate, award-winning certificate related to the case, etc.). )
2. Product samples of the infringed.
3. Samples of infringing products.
4. Proof of purchasing infringing products. Here mainly refers to the purchase invoice. The invoice must indicate the name of the infringing product, the place where the infringing product was purchased, the price of the infringing product, the name of the seller and other matters.
How to Calculate Trademark Infringement The Trademark Law legally defines trademark infringement, which has the following five types:
(1) Without the permission of the trademark registrant, it is a trademark infringement to use the same or similar trademark on the same or similar goods. The similar goods mentioned here refer to the same goods as those approved for use by registered trademarks; Similar goods refer to goods whose sources are difficult to identify for consumers in terms of functions, uses, raw materials, sales channels, consumers, producers and operators. , leading to misidentification and mistaken purchase; The same trademark refers to a trademark that is visually indistinguishable or slightly different; Similar trademarks refer to trademarks that are difficult to distinguish and confuse consumers by comparing trademarks as a whole.
(2) Selling goods that infringe the exclusive right to use a registered trademark is trademark infringement. This means that if the sale is trademark infringement, the seller of goods should not sell goods that infringe the exclusive right to use a registered trademark. However, it is not easy for everyone who sells goods to understand the use of trademarks in thousands of kinds of goods. Therefore, it is necessary to consider the actual situation and correctly understand and apply this legal provision.
(3) Forging or making a registered trademark logo of another person without authorization or selling a forged or made registered trademark logo without authorization is a trademark infringement. What needs to be emphasized here is that a trademark, as a symbol to distinguish the source of goods, is its tangible carrier, and a trademark plays a role in identifying goods through trademark identification. Trademark identification includes packaging, labels, seals, manuals, certificates and other items with trademarks. It is precisely because the trademark logo is the carrier that embodies the exclusive right to use a trademark that the act of forging, manufacturing or selling another person's registered trademark logo without authorization belongs to trademark infringement.
(4) Without the consent of the trademark registrant, it is a trademark infringement to change its registered trademark and put the goods with the changed trademark on the market again. This kind of infringement is caused by changing the trademark without the consent of the trademark registrant. The so-called commercial behavior is to change the trademark of a commodity before putting it into the market.
(5) Acts that cause other damage to the exclusive right to use a registered trademark of others also belong to trademark infringement. This item is a summary of other trademark infringements that cannot be included in the above four items. As can be seen from this provision, the most basic feature of infringement of the exclusive right to use a registered trademark is the damage to the exclusive right to use a trademark of others. It can be said that whether damage is caused is an important symbol of infringement.
What are the administrative solutions to trademark infringement? (1) The administrative jurisdiction of trademark infringement cases can be either the administrative department for industry and commerce where the infringer is located or the administrative department for industry and commerce where the infringement is committed.
(2) After accepting a trademark infringement case, the administrative department for industry and commerce at or above the county level shall, on the premise of ascertaining the facts, stop the infringement through investigation and evidence collection, and give administrative punishment according to the illegal facts and the seriousness of the infringer. Specific punishment measures include: 1. Ordered to stop selling immediately; 2. Accept the invitation and destroy the infringing trademark mark; Third, eliminate infringing trademarks on existing trademarks; 4. Inviting molds, printing plates or other criminal tools directly used for trademark infringement; Five, ordered and supervised the destruction of goods; Six, according to the circumstances, impose a fine of less than 50% of the illegal business or less than 5 times the profit from the infringement, and may order the infringer to compensate the infringed for the losses.
(3) Where the competent commercial department considers that the exclusive right to use a registered trademark has been infringed, it may exercise the following functions and powers when investigating and collecting evidence: ask the relevant parties; Two, check the articles related to infringement activities, and may be ordered to seal up when necessary; Third, investigate acts related to infringement activities; 4. Consult and copy contracts, account books and other business materials related to infringement activities.
Choosing the administrative department for industry and commerce to handle trademark infringement cases has its unique advantages: the personnel who accept the case are familiar with the business, the procedures are simple, the case is closed quickly, and it saves time and effort. However, its obvious deficiency is that the administrative decision has no final effect, and if the parties are dissatisfied with the handling by the administrative department for industry and commerce, they can still bring a lawsuit to the people's court.
How to Punish Infringement of the Exclusive Right to Use a Trademark According to Article 53 of the Trademark Law and Article 43 of the Detailed Rules for the Implementation of the Trademark Law, the administrative department for industry and commerce may take the following measures to punish the infringement of the exclusive right to use a registered trademark.
(1) ordered to stop the infringement.
Specific measures are as follows:
(1) ordered to stop selling immediately;
(2) Confiscating and destroying infringing articles;
(3) Confiscating and destroying tools specially used for manufacturing infringing goods and forging registered trademarks.
(2) Impose a fine
If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may, according to the circumstances, impose a fine of less than 50% of the illegal business amount or less than 5 times the profit from the infringement; The person directly responsible for the infringing unit may be fined up to 6,543.8+0,000 yuan according to the circumstances.
If a party refuses to accept the above two treatments, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the administrative department for industry and commerce shall apply to the people's court for compulsory execution.
(three) the amount of compensation for infringement of the exclusive right to use a trademark mediation
The administrative department for industry and commerce may, at the request of the parties, mediate the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties may bring a lawsuit to the people's court according to law.
The full text of what constitutes trademark infringement and how to punish trademark infringement has ended. If your normal business activities are identified as trademark infringement, you should actively safeguard your own interests and don't passively resist. In this case, you can entrust a professional intellectual property lawyer to help you defend your rights.
The above is the trademark infringement provided by Bian Xiao. I hope everyone will like it!
trademark infringement