When will trademark infringement be stopped? Is there a statute of limitations for trademark infring

Legal basis: Code of the People's Republic of China on Civil State Resistance

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where harm is caused to oneself or oneself as a result of protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped or is unable to bear civil liability, and the victim requests compensation from Fandan, the beneficiary shall give appropriate compensation.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

The statute of limitations for trademark infringement is nothing special about general infringement. According to the general principles of China's civil law, the statute of limitations for trademark infringement is two years, and the limitation period for litigation is calculated from the time when you know or should know that your rights have been infringed. If the infringement is a one-time off, there is generally no problem with the application of the two-year statute of limitations.

However, if the infringement is continuous and the trademark owner has known or ought to have known about it for more than two years, the question arises as to whether protection is required. One opinion is that the provisions of the General Principles of the Civil Law should be strictly applied, since the trademark owner clearly knows that someone is infringing but ignores the statute of limitations and fails to take measures in a timely manner, it should naturally bear the consequences of not being protected; Another opinion holds that if more than two years have elapsed since the date on which the right holder knew or should have known about the continuous infringement of intellectual property rights to the date on which the right holder filed a lawsuit with the people's court, the people's court should not simply reject the right holder's claim on the ground that the statute of limitations has expired. During the period when the intellectual property rights are protected by law, the people's court shall order the defendant to stop the infringement, and the amount of damages for infringement shall be calculated two years forward from the date on which the right holder files a lawsuit with the people's court, and the damage caused by the infringement of rights in excess of two years shall not be protected.

Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for filing a request to a people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Statute of Limitations for Trademark Infringement.

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Statute of Limitations for Trademark Infringement.

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When you find that your registered trademark has been infringed by others, you should take up the law to protect yourself, and there are many ways to solve trademark infringement, and litigation is one of them. However, there is a certain statute of limitations for trademark infringement lawsuits, so how long is the statute of limitations for trademark infringement lawsuits?

1. The concept of statute of limitations.

The statute of limitations refers to the system whereby the right holder whose civil rights have been infringed does not exercise his rights within the statutory limitation period, and when the statute of limitations expires, the right to request the people's court to compel the obligor to perform his obligations in accordance with the litigation procedures is lost. In layman's terms, the statute of limitations means that after the rights are infringed, the right holder shall request the people's court to protect its legitimate rights and interests within the effective period prescribed by law; Litigation claims submitted to the people's courts beyond the effective period prescribed by law are not protected by law.

2. Legal Provisions.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases, the statute of limitations for infringement of the exclusive right to use a registered trademark is two years, which is calculated from the date on which the trademark registrant or the interested right holder knows or should have known of the infringement. If the trademark registrant or an interested party files a lawsuit for more than two years, if the infringement is still ongoing at the time of the lawsuit, the people's court shall order the defendant to stop the infringement within the validity period of the exclusive right to use the registered trademark, and the amount of damages for infringement shall be calculated two years forward from the date on which the right holder files a lawsuit with the people's court.

In addition, according to the provisions of the General Principles of the Civil Law on the statute of limitations, the limitation period is calculated from the time when the draft is known or the right is infringed. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them. Where there are special circumstances, the people's court may extend the statute of limitations.

In fact, trademark infringement can be resolved through negotiation, administrative means, and filing a lawsuit with the people's court. However, if the negotiation fails under the limitation of the statute of limitations, it is recommended to immediately defend the rights in other ways to avoid wasting time. ​​

Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions.

The limitation period for the group in litigation shall be calculated from the date on which the right holder knows or should know that the right to sell refers to the damage to the profits and the obligor. Where the law provides otherwise, follow those provisions. However, where more than 20 years have elapsed since the date on which the right to comic for false interest has been harmed, the people's court shall not grant protection, and where there are special circumstances, the people's court may decide to extend it on the basis of the right holder's application.

1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods;

2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of Shanghui Wangpin, or using a trademark identical or similar to its registered trademark on similar goods, which is likely to cause confusion;

3) Selling goods that infringe upon the exclusive right to use a registered trademark;

4) Forging or manufacturing the logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;

5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;

6) Intentionally facilitating the infringement of the exclusive right to use a trademark by a former virtual boy, or helping another person to infringe upon the exclusive right to use a trademark;

7) Causing other damage to the exclusive right to use a registered trademark of another person.

Legal basis] Article 61 of the Trademark Law, the administrative department for industry and commerce has the right to investigate and deal with the infringement of the exclusive right to use a registered trademark in accordance with the law; Where it is suspected of committing the crime of honoring ants, it shall be promptly transferred to the judicial organs for handling in accordance with law.

Legal analysis: The time for filing a lawsuit for trademark infringement is two years, calculated from the date on which the trademark registrant or interested right holder knows or should have known of the infringement. If the trademark registrant or an interested party files a lawsuit for more than two years, if the infringement is still ongoing at the time of the lawsuit, the people's court shall order the defendant to stop the infringement within the period of validity of the exclusive right to use the registered trademark, and the amount of damages for infringement shall be calculated two years forward from the date on which the right holder files a lawsuit with the people's court.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119: Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

The statute of limitations for trademark infringement is three years. It shall be calculated from the date on which the trademark registrant or the interested right holder knows or should know that the right has been damaged and the obligor. However, if the lawsuit is filed after three years, and the infringement is still occurring, the court may be requested to order the actor to stop the infringement during the validity period of the trademark right, and the amount of damages shall be calculated three years forward from the date on which the right holder files a lawsuit with the people's court.

[Legal basis].Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases.

The statute of limitations for infringement of the exclusive right to use a registered trademark is three years, which is calculated from the date on which the trademark registrant or interested right holder knows or should know that the right has been damaged and the obligor. If the trademark registrant or interested party files a lawsuit for more than three years, if the infringement continues at the time of the lawsuit, the people's court shall order the defendant to stop the infringement within the period of validity of the exclusive right to use the registered trademark, and the amount of damages for infringement shall be calculated three years forward from the date on which the right holder files a lawsuit with the people's court.

The statute of limitations for trademark infringement is three empty years. According to the relevant provisions of the Civil Code, the statute of limitations for filing a request to the people's court for protection of civil rights is three years, calculated from the date on which the right holder knows or should have known that the right has been damaged by prudent losses and the obligor. Trademark infringement is an infringement lawsuit, which is a general statute of limitations.

Article 188 of the Civil Code of the People's Republic of China.

If the trademark owner claims rights with the court after the trademark right has been infringed, the statute of limitations for filing a lawsuit with the court is three years, starting from the time when the infringement is known. "Civil Code of the People's Republic of China" Article 188 [Ordinary Statute of Limitations, Longest Period for Protection of Rights] The statute of limitations period for requesting protection of civil rights from the people's court is three years. Where the law provides otherwise, follow those provisions.

The limitation period shall be calculated from the date on which the right holder knows or should know that the right has been damaged by Liang Xiao and the governor of Yi Xiangyan. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and if there are special circumstances, the people's courts may decide to extend the rights based on the application of the rights holder. ”