The words and graphics used by the producers and operators of commodities on the goods they produce, manufacture, process, select or distribute, or the services provided by the service providers on the services they provide, are called trademarks, which are often referred to as "brands".
The exclusive right to use a registered trademark is a form of expression of trademark right and an exclusive right enjoyed by the trademark owner. Trademark infringement is constituted by the sale of products that use the same or similar marks as the registered trademarks of others without the authorization of the trademark holder.
There are several cases of trademark infringement
According to Article 57 of the Trademark Law, infringement of the exclusive right to use a registered trademark is mainly in the following situations:
Without the permission of the trademark registrant, the use of a trademark identical to the registered trademark on the same goods;
Without the permission of the trademark registrant, the use of a trademark similar to the registered trademark of the trademark on the same goods, or the use of a trademark identical or similar to the registered trademark of the trademark on similar goods, which is likely to cause confusion;
Selling goods that infringe the exclusive right to use a registered trademark;Forging or manufacturing the registered trademark logo of another person without authorization, or selling the counterfeit or unauthorized manufacture of the registered trademark logo;
Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market, or intentionally facilitating the infringement of others' exclusive right to use a trademark, and helping others to carry out acts of infringing the exclusive right to use a trademark.
To sum up, trademark infringement covers a variety of situations, whether the infringer intentionally infringes the exclusive right to use another person's registered trademark, or the unauthorized use, forgery, alteration of its registered trademark, or the actual objective loss caused by the infringement, all of which constitute trademark infringement.
Damages caused by trademark infringement
Trademark infringement can cause losses to both consumers and merchants.
Trademarks play a vital role as an important mark for consumers to distinguish between different products and services. It is not only the key basis for consumers to select high-quality goods and ideal services in the process of shopping and service, but also an important part of the corporate brand image.
Trademark infringement not only infringes upon the legitimate rights and interests of the owner of the exclusive right to use a registered trademark, damages the interests of the enterprise, but also misleads consumers. The quality of the infringing goods is uneven, so that the goods purchased by consumers are not on the right board, and the appearance is inconsistent, and they cannot enjoy the due quality assurance. This situation not only violates consumers' right to know and prevents them from obtaining accurate information during the purchase process, but also violates consumers' right to make their own choices, preventing them from choosing the right goods according to their needs and preferences.
For trademark infringement, Chinese law clearly stipulates that once the infringement is found to be established, the infringer needs to bear the corresponding civil liability or criminal liability according to the severity of the circumstances. This means that the infringer will not only be liable for financial damages, but may also face prison time. The purpose of such legal provisions is to maintain the market order of fair competition, protect the legitimate rights and interests of trademark owners, protect the rights and interests of consumers, and promote the healthy development of the economy and society.
At present, the civil liability for infringement of the exclusive right to use a trademark can be borne in the following ways, including stopping the infringement, removing obstacles, eliminating dangers, compensating for losses, eliminating impacts, etc., and the competent authorities can also make civil sanctions decisions on fines, confiscation of infringing goods, forged trademark logos, and materials, tools, equipment, etc., specially used in the production of infringing goods.
What should I do if my trademark is infringed?
If a trademark is found to be infringed, there are usually 4 ways to protect your rights.
1. Negotiation between the two parties
According to Article 60 of the Trademark Law, if the infringer infringes upon the exclusive right to use a registered trademark of the trademark owner, the parties may negotiate and settle the dispute arising therefrom, and the trademark owner may require the infringer to immediately stop the infringement and destroy the infringing trademark logo.
2. Administrative complaints
The trademark owner may file a complaint with the Market Supervision Administration (IPO) where the infringer is located. If the market regulation department determines that the respondent has committed trademark infringement after investigation, it may order the respondent to immediately stop the infringement.
3. Court proceedings
Court litigation is the last remedy for trademark rights protection after the trademark owner has suffered trademark infringement, the main purpose of which is to stop the infringement and to solve the economic loss suffered by the right holder due to the infringement and the economic compensation for the rights protection costs.
How can I protect my trademark?
First of all, the trademark should be used reasonably and standardly.
Trademark law protects trademarks that have been approved by the Trademark Office, i.e. the original mark is intact. Therefore, in the process of use, do not arbitrarily change the appearance of the trademark, and do not use it on goods other than the application.
For example, if the applicant applies for a trademark on jewelry and watches in Class 14, but the applicant uses it on clothing, shoes and hats in Class 25, this is invalid use and is not subject to relevant protection.
Secondly, in the process of using the trademark, the evidence of use should be preserved, and after obtaining the legal and effective exclusive right to use the trademark, the name of the trademark should be fully reflected in the transaction contract and invoice. The product and product packaging must have a complete and clear trademark pattern.
Trademark is an important part of the corporate image, but also the logo of the enterprise in the market competition. Therefore, safeguarding the legitimate rights and interests of trademarks is of great significance to the survival and development of enterprises. When a trademark is found to be infringed, it should take positive measures to protect its legitimate rights and interests in a timely manner.
In daily operations, enterprises should also strengthen trademark management to prevent the occurrence of infringement. This includes paying close attention to market dynamics and discovering potential infringements in a timely mannerStrengthen the management of trademark registration, renewal, use, etc.;Ensure that swift action can be taken in the event of an infringement. Only in this way can enterprises be invincible in the fierce market competition and achieve sustainable development.