What rights are infringed by trademark fonts?

Copyright is also called copyright, this copyright is part of intellectual property rights, if it is infringed, you need to be liable, for example, if the font of the trademark is infringed, it is generally an infringement of copyright.

Commonly used fonts such as Founder and Hanyi are self-created fonts and are copyrighted, and if you want to use them, you need to pay copyright fees to the copyright owner. Therefore, we cannot use these fonts freely when registering trademarks, because it is likely that infringement will be involved at a later stage.

Copyright infringement is mainly an infringement of the property rights of the copyright owner, such as using or disseminating the work of the copyright owner in the form of distribution, reproduction, rental, exhibition, broadcasting, performance or other forms without the consent of the copyright owner, or using the work without paying the copyright fee. Copyright (i.e., copyright) infringement is a general civil case, and the laws and judicial interpretations on civil evidence should also be applied to the investigation and collection of evidence of copyright infringement. However, it has certain particularities.

Font infringement refers to the infringement of copyright. According to Article 3 of the Copyright Law of the People's Republic of China, copyright includes the copyright of literature, art and natural sciences, social sciences, engineering technology, etc., and fonts belong to the content of computer font libraries, which have been included in the computer font library when using a certain system.

A trademark is a mark used to distinguish the brand or service of one operator from the goods or services of another operator. China's Trademark Law stipulates that the trademark registrant who has approved and registered a trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks, enjoys the exclusive right to use the trademark and is protected by law.

Many fonts on the market have been applied for copyright, such as Founder, if you use Founder or other fonts that have applied for copyright registered trademarks, the copyright owner will make you pay the copyright license fee during the use process, and the registered trademark is recommended to directly choose Songti registration.

Clause. 1. Friendly consultation. This is the most common and fastest way to resolve civil disputes, with both parties negotiating amicably and resolving the issue peacefully.

Clause. 2. Mediation. The so-called mediation refers to a way to resolve the dispute through the mediation of a third party, which can prompt the two parties to reach an agreement on the dispute and resolve the dispute.

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 the infringement to be stopped immediately, confiscate and destroy the infringing goods and the tools mainly used to manufacture the infringing goods or forge the logo of registered trademarks, and if the illegal business turnover is more than 50,000 yuan, a fine of not more than five times the illegal business turnover may be imposed, and if there is no illegal business revenue or the illegal business turnover is less than 50,000 yuan, a fine of not more than 250,000 liang qing yuan may be imposed. Where there are two or more acts of trademark infringement and omission within five years, or there are 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.

Legal analysis: If the trademark font design of an enterprise originates from a genuine computer font library, it will not be judged to constitute infringement under normal circumstances. In this regard, some advertising design companies should pay special attention to the purchase and use of genuine font libraries in the future.

If the word is derived from the calligraphy work of a calligraphy artist, it may constitute an infringement of copyright.

Legal basis: Copyright Law of the People's Republic of China Article 3 The term "work" as used in this Law refers to intellectual achievements in the fields of literature, art and science that are original and can be expressed in a certain form, including:

1) Written works;

2) oral works;

3) **, drama, laughter, dance, acrobatic art;

4) Works of fine arts and architecture;

5) Photographic works;

(vi) audiovisual works;

7) Engineering design diagrams, product design drawings, maps, schematic diagrams and other graphic works and model works;

8) computer software;

9) Other intellectual achievements that conform to the characteristics of the work.

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Trademark and font infringement: 1. You can negotiate a settlement with the infringer, complain about the infringement to the administrative department for industry and commerce, and choose to file a civil lawsuit for trademark infringement with the court. 2. The parties to the above three rights protection methods may choose on their own.

If the administrative procedure is chosen, if the industrial and commercial department considers that the infringement is constituted, it will impose an administrative penalty on the infringer in accordance with the law and order the infringement to be stopped. If you choose to file a civil lawsuit with the court, the court will hear and adjudicate in accordance with the rules for determining trademark infringement in accordance with the law.

What to do if the trademark font is infringed.

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Trademark font infringement: 1. You can negotiate a settlement with the infringer, you can also complain to the administrative department for industry and commerce about the infringement, and you can also choose to file a civil lawsuit for trademark infringement with the court. 2. The parties to the above three rights protection methods may choose on their own.

If the administrative procedure is chosen, if the industrial and commercial department believes that it constitutes infringement, it will impose administrative penalties on the infringer and order the infringement to be stopped. If you choose to file a civil lawsuit with the noisy court, the court will hear and adjudicate in accordance with the rules for determining trademark infringement in accordance with the law.

If the trademark registrant has never used the trademark in question, since it has not been used, the accused enterprise can be exempted from compensation as long as the infringement is stopped.