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It is believed that many brands or manufacturers have encountered incidents of malicious infringement of trademarks by others. Trademark is one of the important assets of an enterprise, and the protection of trademark rights and interests is crucial to the development of an enterprise.
When faced with trademark infringement, brands can take the following measures:
1. Trademark infringement includes the following seven acts:
1.Counterfeiting: The use of a logo similar to a registered trademark by others in order to confuse consumers and damage the brand image and interests.
2.Trademark misappropriation: Unauthorized use of another person's registered trademark to sell goods or provide services, infringing trademark rights.
3.Unauthorized sales: Selling goods with other people's trademarks without the permission of the trademark owner infringes trademark rights.
4.Counterfeiting of trademarks: manufacturing and selling goods with counterfeit trademarks, misleading consumers and damaging brand image and interests.
5.Trademark infringement advertising: The use of another person's trademark in advertising to mislead consumers and infringe trademark rights.
6.Bad faith registration: Bad faith registration of a trademark that is identical or similar to another person's trademark in order to obtain improper benefits.
7.Malicious infringement: deliberately infringing on the trademark rights and interests of others, damaging the brand image and interests.
2. The documents required for a trademark infringement complaint are as follows:
1.Trademark Registration Certificate: Certifies the legal right to register a trademark.
2.Evidence of trademark use: including sales vouchers, advertising materials, product packaging, etc., to prove the normal use of the trademark.
3.Evidence of trademark infringement: including the infringement of goods, sales records, infringing advertisements, etc., to prove the infringement of others.
4.Monitoring report: The monitoring report provided by the trademark monitoring service can prove the infringement of others.
5.Other relevant evidence: such as trademark authorization certificate, authorization contract, etc., to prove the authorization relationship.
3. The methods of evidence collection in trademark infringement litigation are as follows:
1.Hire a professional lawyer: Seek the help of a professional lawyer to conduct an investigation of infringement and collect evidence.
2.Investigation and evidence collection: Collect relevant evidence of infringing acts, including purchase records, sales vouchers, infringing advertisements, etc.
3.Witness testimony: Seek out witnesses or people with knowledge of the infringement as witnesses to provide testimony support.
4.Technical forensics: If necessary, technical experts can be entrusted to identify the infringing goods and provide technical evidence.
5.Investigation report: Organize and summarize the evidence collection materials, and make a detailed investigation report as the basis for the lawsuit.
4. What penalties will be imposed on merchants if the trademark infringement complaint is successful?
1.Cease and desist of infringement: The court will order the infringing party to immediately cease the infringement and stop using the trademark.
2.Compensation for losses: The infringing party needs to compensate the brand for the economic losses suffered by the brand owner due to the infringement, including compensation for stopping the sale of goods and sales.
3.Destruction of infringing goods: The court may order the infringing party to destroy the infringing goods to prevent them from continuing to enter the market.
4.Announcement of apology: The court may order the infringing party to publicly apologize to the brand on the relevant ** to restore the brand reputation.
5.Administrative penalties: According to the law, trademark infringement may also be punished by the relevant administrative departments, such as fines, revocation of business licenses, etc.
In short, brands need to take measures to control prices online according to their actual situation, so as to effectively protect their interests and brand image.
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