Regarding trademark infringement, is there trademark infringement

Trademark infringement

Without the permission of the trademark owner, the actor uses a trademark identical or similar to the registered trademark on the same or similar goods, 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 trademark owner. The infringer is usually liable to stop the infringement, and the infringer who knows or should know that it is the infringer is also liable for compensation. where the circumstances are serious, criminal responsibility must also be borne.

1) There must be an illegal act, that is, the perpetrator has carried out the act of selling goods with counterfeit registered trademarks;

2) There must be a fact of damage, that is, the act of selling counterfeit trademark goods carried out by the actor has caused the damage to the trademark owner. The sale of goods counterfeiting the registered trademarks of others will cause serious property losses to the right holders, and at the same time, it will also cause goodwill damage to the entities that enjoy the registered trademark rights. Both property loss and goodwill damage are facts.

3. The offender is subjectively at fault, that is, the perpetrator has known or should have known about the fact that the goods sold are counterfeit registered trademarks.

4) There must be a causal relationship between the illegal act and the damage consequence, that is, the relationship between the sales behavior of the wrongdoer and the damage caused to the trademark owner has antecedent and consequence.

If you don't have an emoji that has not been pre-registered, you can do so! You can go and give it a try!

Because others have copyright, if you want to use it, you must first obtain the consent of the copyright owner.

There are several ways to determine similar trademarks:

1. Isolation observation method.

That is, if two or more trademarks are observed at different times and places, if consumers with ordinary knowledge and experience are prone to confusion when they take ordinary attention at the time of purchase, such trademarks are similar trademarks.

2. Comparative method.

If the appearance of the main parts of the two trademarks is obviously different and does not cause misidentification by consumers, they are non-similar trademarks, and vice versa, similar trademarks.

3. Separation and comparison method. If the constituent parts of the two combined trademarks are compared separately, if the reading, meaning, appearance, etc. of the comparative parts are similar or there is no significant difference, they are similar trademarks.

4. On the issue of how to determine the similarity of trademarks in trademark infringement litigation, Article 10 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 stipulates that the determination of trademark similarity shall be carried out in accordance with the following principles:

1) based on the general attention of the relevant public;

2) It is necessary to compare the overall trademark and the main part of the trademark, and the comparison shall be carried out separately in the state of isolation of the comparison object;

3) To determine whether the trademarks are similar, the distinctiveness and popularity of the registered trademark for which protection is sought shall be considered.

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 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 and knowledge 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.

Trademark infringement is: the use of the same or similar trademark on the same goods without the permission of the trademark registrant; Selling goods that have infringed trademark rights; Counterfeiting the registered trademark of another person; Selling goods with counterfeit registered trademarks of others; Unauthorized replacement of its registered trademark and putting it on the market; infringing on the trademark rights of others; Helping others infringe on trademark rights.

[Legal basis].Article 57 of the Trademark Law shall be deemed to infringe the exclusive right to use a registered trademark if any of the following acts are committed: (1) the use of a trademark identical to the registered trademark on the same goods without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, using a trademark similar to the registered trademark of the trademark on the same kind of goods, or using 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 a counterfeit or unauthorized registered trademark mark; (5) Without the consent of the trademark registrant, the registered trademark 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Summary. Hello dear, I'm glad to answer for you! 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 use of the registered trademark by the trademark owner, thereby harming the legitimate rights and interests of the trademark owner.

2.Confiscation and destruction of infringing goods. 3.

Confiscation and destruction of tools specially used to manufacture infringing goods and forge registered trademarks. 4.A fine is imposed.

Where the illegal business turnover is more than 50,000 yuan, a fine of up to five times the illegal business turnover may be imposed, and where there is no illegal business turnover or the illegal business turnover is less than 50,000 yuan, a fine of up to 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.

Hello dear, I'm glad to answer for you! Trademark infringement refers to the use of a trademark identical or similar to the registered trademark on the same or similar goods by the perpetrator without the permission of the trademark owner, or other acts that interfere with or hinder the use of the registered trademark by the trademark owner and damage the legitimate rights and interests of the trademark owner. The following is how to deal with trademark infringement:

1.The order was immediately halted from sale. 2.

Confiscation and destruction of infringing goods. 3.Confiscation and destruction of tools specially used to manufacture infringing goods and forge registered trademarks.

4.A fine is imposed. Where the illegal business turnover is more than 50,000 yuan, a fine of up to five times the illegal business turnover may be imposed, and where there is no illegal business turnover or the illegal business turnover is less than 50,000 yuan, a fine of up to 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 do not know Chi Kaidao infringes the exclusive right to use a registered trademark, and it can be proved that the goods were legally obtained by oneself and the supplier is stated, the administrative department for industry and commerce shall order the sale to stop.

I am a professional law firm here, what problems are you encountering here, you can tell me specifically, I can solve it for you in detail!

Trademark infringement refers to the use of a trademark that is identical or similar to a registered trademark on the same kind of goods or similar goods without the permission of the trademark registrant. This type of infringement can be broken down into the following four types: (1) using a trademark identical to the registered trademark of another person on the same kind of goods; (2) using a trademark similar to the registered trademark of another person on the same goods; (3) the use of a trademark identical to a registered trademark on similar goods; (4) Using a trademark similar to a registered trademark of another person on similar goods.

The first is counterfeiting, and the remaining three are counterfeiting. Counterfeiting of registered trademarks is the most serious infringement of the exclusive right to use trademarks, and if the circumstances are serious, criminal liability must be investigated in accordance with the law.

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

Article 213 Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods or services, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

Article 214 Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of unlawful gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

Article 215 Anyone who forges or manufactures the registered trademark logo of another person without authorization, or sells the counterfeit or unauthorized manufacture of the registered trademark logo, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine for the person who is envied; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

If the trademark owner authorizes the use of the trademark, it will not constitute infringement, and if it is not authorized, it will constitute infringement and need to be compensated. Trademarks are registered and protected by law. China's trademark law stipulates:

A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law." In other words, prior use of a trademark does not have the effect of opposing trademark registration.

[Legal basis].Article 6 of the Trademark Law.

A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law."

Trademark infringement refers to the act of the infringer using a trademark identical or similar to the registered trademark of the right holder on the same or similar goods without the permission of the trademark owner; or the act of selling goods that infringe on the exclusive right to use a registered trademark. The right holder has the right to request the infringer to stop the infringement, eliminate the impact of the infringement and the right of model, and then bear the corresponding losses in accordance with the law.

[Legal basis].Article 57 of the Trademark Law of the People's Republic of China.

1) Without the permission of the trademark registrant, using a trademark that is the same as the 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) Selling goods that infringe upon the exclusive right to use a registered trademark;

Seven yards) cause other damage to the exclusive right to use a registered trademark to others.

If the actor sells goods whose knowledge and knowledge are counterfeit registered trademarks, the natural and legal persons whose exclusive right to use the trademark has been infringed have the right to stop the infringement in civil matters, eliminate the impact, and compensate for the losses. The act of liability for compensation must bear the responsibility of compensation, the infringer must usually bear the responsibility to stop the infringement, and the actor who knows the infringement must bear the responsibility of compensation. where the circumstances are serious, they must bear responsibility for criminal preparation.

China's Criminal Law has provisions specifically aimed at intellectual property crimes.

Interpretation of the Supreme Liangtong People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights (2) Blind key to destroy Article 3.

It's not trademark infringement, if it's trademark infringement due to illness, then it may be a trademark issued by a certain company, which is very similar to this registered trademark Chi Fengheng, Jizhong said that this according to the regulations is to go through this code to do this, and this company can confirm whether it is infringement?