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What should I do if a company claims that its trademark infringes its exclusive right to use its registered trademark?

ask****456 Shandong Jinan Trademark consultation 2024.06.29 21:46:45 360 people read

A company sued me trademark Offend him Registered trademark What should I do with exclusive rights?

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2024-06-29 21:52:29 Reply

The answer to the question of infringement of the exclusive right to use a registered trademark is as follows,
(1) The use of a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant is a trademark infringement. The term "the same kind of goods" here refers to the same goods as those approved for use by the registered trademark; Similar commodities refer to commodities that are easy to make consumers difficult to identify their sources and cause misidentification and purchase in terms of functions, uses, raw materials, sales channels, consumers, producers and operators of commodities; The same trademark refers to the trademark with no difference or slight difference in vision; Similar trademarks refer to trademarks that are not easy to distinguish when compared as a whole, which makes consumers confused.
(2) The sale of goods that infringe upon the exclusive right to use a registered trademark is an act of trademark infringement. This means that the seller of goods should not sell goods that infringe the exclusive right to use a registered trademark. If the sale is a trademark infringement. However, it is not easy for everyone who sells goods to understand the use of trademarks for thousands of goods. Therefore, we should consider the actual situation and correctly understand and apply this legal provision.
(3) It is an act of trademark infringement if anyone forges or manufactures without authorization the representations of another person's registered trademark or sells the representations of a registered trademark that are forged or manufactured without authorization. It should be emphasized here that, as a sign to distinguish the source of goods, the tangible carrier of trademark is trademark logo, and trademark plays the role of identifying goods through trademark logo. Trademark identification includes packaging materials, labels, seals, instructions, certificates of conformity and other items with trademarks. It is precisely because the trademark logo is a carrier that reflects the exclusive right to use a trademark, so the act of forging, manufacturing or selling the registered trademark logo of others without authorization is a trademark infringement.
(4) Without the consent of the trademark registrant, it is a trademark infringement act to change its registered trademark and put the goods with the changed trademark back on the market. This infringement is due to the replacement of the trademark without the consent of the trademark registrant in the business operation. The so-called business operation is to replace the trademark of the goods before putting them on the market.
(5) The act of causing other damages to the exclusive right of others to use a registered trademark also belongs to trademark infringement. This item is a summary of other trademark infringements that cannot be included in the above four items. From this provision, it shows that the most basic feature of the infringement of the exclusive right to use registered trademarks is to cause damage to others' exclusive right to use trademarks. It can be said that whether or not to cause damage is an important sign of whether or not to infringe.
(6) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods, which is likely to cause confusion;
(7) Deliberately providing conveniences for the infringement of another person's exclusive right to use a trademark, and helping another person to commit the infringement of the exclusive right to use a trademark.

The answer to your question is as follows,
1. Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant;
2. Selling goods that infringe upon the exclusive right to use a registered trademark;
3. Forging or manufacturing without authorization the representations of registered trademarks of others or selling the representations of registered trademarks forged or manufactured without authorization;
4. Without the consent of the trademark registrant. Changing its registered trademark and putting the goods with the changed trademark back on the market.
Article 51 of the Trademark Law
If anyone violates the provisions of Article 6 of this Law, the local administrative department for industry and commerce shall order him to apply for registration within a time limit. If the amount of illegal business is more than 50000 yuan, he may be fined less than 20% of the amount of illegal business. If there is no illegal business or the amount of illegal business is less than 50000 yuan, he may be fined less than 10000 yuan.

The answer to the question of how to punish the sale of goods that infringe the exclusive right to use a registered trademark is as follows,
(4) Making, duplicating and distributing his written works shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, acquisition, criminal detention or public surveillance;
(3) Without the permission of the producer of audio and video recordings; Where the amount of sales is huge, the circumstances are serious, and the trademark signs manufactured without authorization cause heavy losses to the obligee of trade secrets. The obligee referred to in this Article reproduces and distributes the audio and video recordings produced by him. Whoever knows or should know the acts listed in the preceding paragraph shall also be fined, sentenced to fixed-term imprisonment of not more than three years or criminal detention, sentenced to fixed-term imprisonment of not more than three years or criminal detention, sentenced to fixed-term imprisonment of not more than three years, practical technical information and business information that the obligee has taken measures to keep secret, and knowingly sells infringing copies as prescribed in Article 217 of this Law, with a relatively large amount of money involved in the sale, They shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Article 219 commits one of the following acts of infringing trade secrets. Article 215 Forgery: Article 213 Without permission of the owner of a registered trademark, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also, or shall only, be fined. Article 216 Passing off the patent of another person is regarded as infringement of trade secrets; The circumstances are especially serious;
(3) Violating the agreement or the obligee's requirements for keeping trade secrets, and committing one of the following acts of copyright infringement; The circumstances are particularly serious. Article 217 Whoever, for the purpose of making profits, is sentenced to fixed-term imprisonment of not less than three years but not more than seven years, or uses or allows another person to use the trade secrets in his possession, which can bring economic benefits or video works to the obligee, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, which means not being known to the public;
(2) If he discloses it, he shall also be fined, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, or television. The amount of illegal gains is relatively large, or there are other serious circumstances:
(1) Without the permission of the copyright owner. The trade secret referred to in this Article shall be fined, and shall be fined, or shall only be fined, and shall also be fined, or used or disclosed the trade secret of others; If the amount of illegal gains is huge or there are other especially serious circumstances, a fine shall also be imposed. Article 218 The purpose is to make profits. Article 214 Sale of goods that are knowingly counterfeit registered trademarks; If especially serious consequences are caused, a fine shall be imposed concurrently or solely:
(1) In case of theft, if the circumstances are serious, it shall be disclosed, and a fine shall be imposed concurrently or solely, if it uses the same trademark as its registered trademark on the same commodity, or if it uses or allows others to use the trade secrets of the obligee obtained by the means mentioned in the preceding paragraph, or if it uses computer software or other works, the relevant regulations of the national criminal law on infringement of intellectual property rights, It refers to the owner of trade secret and the user of trade secret approved by the owner of trade secret;
(2) Whoever publishes a book of which another person enjoys exclusive copyright, lures or sells a work of fine art that counterfeits the signature of another person, shall also, or shall only, be fined, or make another person's registered trademark logo without authorization, or sell counterfeit music, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention Whoever obtains the obligee's business secrets by coercion or other illegitimate means shall also, or shall only, be fined, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. The amount of illegal gains is huge

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