Is it copycat culture or trademark infringement, what should I do if my brand encounters copycat tra

Their own brands have been highly imitated, and "copycat" trademark infringement incidents have occurred repeatedly, for example: NB running shoes New Balance received 3 million yuan in infringement compensation for the copycat version of Xinbailun, and Chayan Yuese received 1.7 million yuan in infringement compensation for the copycat version of Chayan Guanse. So how should we, as brands, deal with such "copycat" incidents?

According to the provisions of the Trademark Law, the use of a trademark similar to its registered trademark on the same product without the permission of the right holder is a typical trademark infringement of Punbi.

So what should a brand do if it encounters a "copycat" trademark infringement? We can solve this problem by the following aspects.

The first is to negotiate a settlement with the infringer. 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.

Where a lawsuit is filed in a people's court, it must be conducted in accordance with the procedures prescribed by law. If it is handled by the administrative department for industry and commerce, if the infringement is found to be established during the handling, Yunkong will order the immediate cessation of the infringement of the lease right, confiscate and destroy the infringing goods and the tools specially used to manufacture the infringing goods and forge the logo of the registered trademark, and may impose a fine.

Of course, the major platforms for e-commerce infringement basically have complaints about intellectual property infringement, and you can also complain about the removal of goods from the shelves. It's also a way of dealing with it.

No. According to the provisions of China's Trademark Law, it is illegal and criminal to counterfeit or forge a registered trademark to produce corresponding products without the consent of the registrant. Without the permission of the trademark registrant, if the use of a trademark identical to the registered trademark on the same kind of goods constitutes a crime, in addition to compensating the infringed party's losses, criminal liability shall be investigated in accordance with law.

The legal basis is ageArticle 67 of the Trademark Law.

If the use of a trademark identical to the registered trademark on the same kind of goods without the permission of the trademark registrant constitutes a crime, criminal liability shall be investigated in accordance with the law in addition to compensating the losses of the infringed party. Where the forgery or unauthorized manufacture of another person's registered trademark logo or the sale of a forged or unauthorized registered trademark logo constitutes a crime, criminal liability shall be investigated in accordance with law in addition to compensating the infringed party's losses. If the sale of goods that are known to be counterfeit registered trademarks constitutes a crime, criminal liability shall be investigated in accordance with law in addition to compensating the losses of the infringed party.

1. Similar trademarks are considered infringement. 2. The law stipulates that if a trademark similar to its registered trademark is used on the same kind of goods without the permission of the trademark registrant, or a trademark that is identical or similar to its registered trademark is used on similar goods, which is likely to cause confusion, it is regarded as an infringement.

Article 60 of the Trademark Law of the People's Republic of China Where any of the acts listed in Article 57 of this Law infringes upon the right to use a registered trademark, and a dispute arises, the parties shall resolve 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, and if it does not receive or destroy the infringing goods and the tools mainly used to manufacture the goods that infringe on the right to start and forge the logo of a registered trademark, and 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 revenue is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.

Trademark imitation is almost infringement. Trademark infringement refers to the use of a trademark identical or similar to the registered trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner's use of the registered trademark and damage the legitimate rights and interests of the actor. Infringement of the exclusive right to use a registered trademark if one of the following acts is committed:

1) Without the permission of the trademark registrant, using a trademark identical to its registered trademark on the same goods; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same goods, 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 registered trademarks of others without authorization, or selling counterfeit or unauthorized manufacturing of registered trademarks; (5) Replacing the registered trademark and placing the goods with the replaced trademark on the market without the consent of the trademark registrant; (6) deliberately facilitating the infringement of others' exclusive right to use a trademark, or helping others to infringe the exclusive right to use a trademark; (7) Causing other damage to the exclusive right to use a registered trademark of another person.

Article 57 of the Trademark Law of the People's Republic of China, Article 57 and Article 9.

Article 9 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.

I think at first glance if it looks like a trademark, it's infringing, and it's probably fraud.

In order to thoroughly implement the decision-making and deployment on strengthening the protection of intellectual property rights, strengthen the work of trademark law enforcement, unify law enforcement standards, improve the level of law enforcement, and strengthen the protection of the exclusive right to use trademarks, the "Trademark Infringement Judgment Standard Difference" is formulated in accordance with the relevant provisions of the "Trademark Law" and the "Regulations on the Implementation of the Trademark Law". It is hereby issued for your compliance.