How to determine trademark infringement? What should I do if my trademark is infringed?

If the trademark is already registered by you, someone uses your registered trademark to sell things and engage in activities. It can be said that he infringes. In this case, you can go to the court to file a lawsuit, or negotiate.

The act of using a trademark that is identical or similar to a registered trademark in the same class of goods without the permission of the permitted registrant. Resolve it through legal means.

If one's trademark is used by others for commercial activities without one's own authorization, it is necessary to collect and preserve evidence in a timely manner after discovery.

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 registerer, using a trademark similar to its registered trademark on the same kind of 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 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 others' exclusive right to use a trademark, or helping others 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: Civil Code of the People's Republic of China

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 oneself is harmed by 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, the beneficiary shall give appropriate compensation.

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

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

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, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the 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) Without the consent of the trademark registrant, the trademark of the registered merchant is replaced and the goods with the replaced trademark are put on the market;

6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others 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.

Rights protection: According to Article 60 of the Trademark Law, if 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 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.

If the department of the administration for industry and commerce determines that the infringement is established, it shall be ordered to immediately stop the infringing act, confiscate and destroy the goods and tools mainly used to manufacture the infringing goods and forge the logo of the registered trademark, and if the illegal business turnover is more than 50,000 yuan, a fine of less 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 less 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.

Legal analysis: (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, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the registered trademark on similar goods, which is likely to cause confusion; (3) Selling goods that infringe on 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 others' exclusive right to use a trademark, or helping others 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 57 of the Trademark Law of the People's Republic of China Any of the following acts shall be deemed to be an infringement of the exclusive right to use a registered trademark: (1) without the permission of the trademark registrant, using a trademark identical to the registered trademark on the same kind of goods; (2) 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 that is 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) Preparing for the replacement of 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 others' exclusive right to use a trademark, or helping others 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.

The judgment of trademark infringement is generally as follows: without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods; Selling goods that infringe the exclusive right to use a registered trademark; 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 to or similar to Xunsui on similar goods, which is likely to cause confusion; Other Infringements.

[Legal basis].Article 57 of the Trademark Law.

1) Without the permission of the trademark registrant, using a fraudulent trademark identical to its registered trademark on the same kind of goods;

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

3 acres of Bubu) sells goods that infringe the exclusive right to use a registered trademark;

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

1. Without the permission of the registered trademark owner, the act of using a trademark identical or similar to the registered trademark on the same or similar goods.

2. Without the consent of the trademark registrant, the act of replacing the registered trademark and putting the goods with the replaced trademark on the market. This behavior is also known in theory"Reverse counterfeiting"Behavior.

3. Selling goods that infringe on the exclusive right to use a registered trademark.

Combined with the provisions of Article 56, Paragraph 3 of the Trademark Law, if the sale of goods that are not known to infringe the exclusive right to use a registered trademark can prove that the goods were legally obtained by the person and explain the supplier, the person shall not be liable for compensation. Therefore, this form of trademark infringement requires subjective knowledge of the seller.

4. Counterfeit jujube rock or unauthorized manufacture of other people's code Yanjing registered trademark logos or sales of forged or unauthorized manufacturing of registered trademark logos. It should be noted that this kind of infringement of caution is an infringement of the trademark logo, including:"Manufacturing"with"Sales"Two behaviors.

5. Acts that cause other damage to the exclusive right to use a registered trademark of another person.