How to effectively combat trademark infringement

Market supervision and public security organs in more than 10 provinces and cities across the country work together.

Successfully smashed an "Internet + national chain maintenance" infringement platform, and criminally detained 31 criminal suspects.

The preliminary investigation has involved a total of $300 million since 2017.

Trademark is an important asset of an enterprise, and it represents uniqueness, quality and reputation in the process of commodity trading. A trademark is not only a symbol of goods, but also a symbol of brand reputation. However, in the highly competitive environment of the market economy, trademark infringement is very common, which has brought many negative effects to enterprises and consumers.

Therefore, it is very necessary to combat trademark infringement.

First of all, trademark infringement can seriously damage the reputation and image of a business. Trademark infringement can cause consumers to have a sense of distrust in the company and lose confidence in the company's products and services. If the trademark is maliciously infringed, it may also lead to counterfeit and shoddy products entering the market, causing damage to the interests of consumers.

Second, trademark infringement seriously infringes on the intellectual property rights of the enterprise, resulting in economic losses for the enterprise. Trademarks are important assets of enterprises, and trademark infringement will undermine the intellectual property protection system of enterprises and weaken their innovation and competitiveness. Enterprises should attach importance to trademark maintenance, strengthen trademark publicity, and actively protect their rights to ensure their own interests.

Finally, cracking down on trademark infringement can improve the rationality and fairness of market competition and protect the interests of consumers. Only by cracking down on trademark infringement can we ensure the stability of the market order and maintain a level playing field, so that brands can better serve consumers while also obtaining fair business opportunities.

For example, in 2018, a well-known brand company appealed a trademark infringement case in the U.S. District Court, demanding that the defendant cease the infringement and compensate for damages. After investigation, it was confirmed that the defendant company successfully copied the trademark of the original company and made the same product on the market. After fierce litigation and hard work, the original company won the lawsuit, successfully stopped the trademark infringement, safeguarded its own interests, and ensured the fairness and rationality of market competition.

The victory also provides consumers with consumer protection and makes them feel safer and more secure.

Therefore, cracking down on trademark infringement is very important for enterprises, consumers and market stability, and must be taken seriously.

Legal analysis: Trademark infringement can be complained to the Trademark Management Office of the Municipal Administration for Industry and Commerce or the Trademark Advertising Contract Management Section of the Industrial and Commercial Bureau, or to the people's court. Where a request is made to the administrative organ for industry and commerce, a written request shall be issued.

The written request shall clearly state the subject matter of the request, the legal basis of the request, the name and address of the requester, the name of the infringer, and the place where the infringement occurred. Foreigners or foreign enterprises should handle it by entrusting a trademark agency with foreign-related rights.

1.Complaints. List the respondent, the respondent's address, the facts of the infringement, the complaint requirements, the legal basis, and the complainant's name, address, contact**, date of complaint, and relevant documents of the complainant.

2.License. If the photocopy is submitted, the official seal of the original issuing authority shall be affixed.

3.Trademark registration certificate. If the photocopy is submitted, it shall be stamped with the official seal of the administrative authority for industry and commerce at or above the county level where the trademark owner is located.

4.Evidence of infringement, including infringing objects, trademark logos, relevant bills or **, etc.

Legal basis: Article 60 of the Trademark Law of the People's Republic of China Where there is any infringement of the exclusive right to use a registered trademark listed in Article 57 of this Law, and a dispute arises, the parties shall settle it through negotiation; If the trademark registrant or interested party is unwilling to negotiate or fails to do so, the trademark registrant or interested party may file a lawsuit with the people's court or request the administrative department for industry and commerce to handle the matter.

When the administrative department for industry and commerce handles the case, if it finds that the infringement is established, it shall order it to immediately stop the infringing act, confiscate and destroy the infringing goods and tools mainly used for manufacturing the infringing goods or forging registered trademark logos, and if the illegal business turnover is more than 50,000 yuan, it may impose a fine of not more than five times the illegal business turnover, and if there is no illegal business revenue or the illegal business revenue is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Where there are two or more acts of trademark infringement within five years or other serious circumstances, a heavier punishment shall be imposed. If the sale of goods that are not known to be infringing on the exclusive right to use a registered trademark can prove that the goods were lawfully obtained by the person and explain the supplier, the administrative department for industry and commerce shall order the sale to be stopped.

In the case of a dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the administrative department for industry and commerce, or may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China. After mediation by the administrative department for industry and commerce, if the parties fail to reach an agreement or fail to perform after the mediation agreement takes effect, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Legal analysis of early state: 1. Order to stop sales immediately; 2. Accept and destroy the infringing trademark logo; 3. Eliminate infringing trademarks on existing goods; 4. Confiscation of molds, printing plates or other tools directly and exclusively used for trademark infringement; 5. Order and supervise the destruction of infringing goods.

Legal basis: Trademark Law of the People's Republic of China

Article 63 The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with the suspected infringement of the exclusive right to use a registered trademark of another person on the basis of the evidence or reports of suspected violations of the law that have been obtained:

1) Inquire about the parties concerned and investigate the circumstances related to the infringement of the exclusive right to use the registered trademark of others;

2) Consult and copy the parties' contracts, invoices, account books, and other relevant materials related to the infringing activities;

3) Carry out on-site inspections of the places where the parties are suspected of infringing on the exclusive right to use the registered trademarks of others;

When the administrative departments for industry and commerce exercise the powers provided for in the preceding paragraph in accordance with law, the parties shall assist and cooperate, and must not refuse or obstruct them.

In the course of investigating and handling a trademark infringement case, if there is a dispute over the ownership of the trademark or the right holder simultaneously files a trademark infringement lawsuit with the people's court, the administrative department for industry and commerce may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the procedures for the investigation and handling of the case shall be resumed or concluded.

1.and infringement.

If you encounter a trademark infringement problem, you can take the initiative to contact the infringing party, inform it of the infringement, and indicate the intention to negotiate a solution. The parties may negotiate on issues such as the determination of facts and the amount of compensation for trademark infringement.

2.Seek help from the administrative department for industry and commerce If the negotiation fails, you can file a complaint with the administrative organ for industry and commerce at or above the county level and request the administrative organ for industry and commerce to investigate and deal with the infringement case.

3.When it is difficult for the injured party and the infringing party to reach an agreement, the injured party can file a lawsuit with the court in addition to seeking help from the administrative department for industry and commerce.

Trademark infringement depends on whether you have a trademark certificate, and if you don't know, you can ask about trademark infringement.

First of all, we must understand what a copy is.

The first thing to do is to register the trademark and obtain legal protection!

Beijing Da Cultural Center maliciously preemptively registered and hoarded more than 1,000 trademarks, and the major platforms in the secondary market were transferred.