Does Licensed Processing Clothing Constitute Trademark Infringement?

< p > a Qingdao enterprise, in accordance with the requirements of foreign enterprises, licensed processing a target= "_blank" href= "http://www.91se91.com/" > clothing < /a >, was taken to court by Hongkong enterprises, and believed that the crocodile trademark used on clothing constituted trademark infringement.

In January 6th, the reporter learned from the Shandong Provincial Higher People's court that the case was concluded by the second instance. It was decided that, for the products not circulated in China, when the processors did their duty of care, the commercial signs attached to the products were not used as trademarks to identify the source of the goods, and would not infringe upon the same registered trademarks in the country. Such a licensed processing act did not constitute a trademark infringement.

< /p >

< p > > a href= "http://sjfzxm.com/news/index_f.asp" > Hongkong crocodile shirt < /a > limited began to enter the mainland in the early 80s, and successfully registered 25 types of "CROCODILE" trademark.

Today, crocodile is still the sole legal owner of the crocodile trademark in mainland China.

Not long ago, the company found that a clothing company in Qingdao was preparing to export 1760 cotton woven woven men's cold proof jackets, which used a crocodile trademark and involved more than 100 thousand yuan.

The crocodile company took the other side to court and requested the court to order the defendant to stop trademark infringement and compensate for the loss of 500 thousand yuan.

< /p >

< p > Qingdao believes that the number of garments processed by a Korean company is 1760, and the processing cost is 5.5 dollars.

Their behavior belongs to foreign licensed processing. They are only processors, not trademarks users.

Moreover, Korea Companies also owns the crocodile trademark legally in its own country. The trademark of the crocodile has been used by the company to get the legal authorization of Korea Companies. The subjective intent and fault of no infringement did not cause any impact and loss to the crocodile company, and did not constitute a violation of the exclusive right of the crocodile company's trademark.

< /p >

< p > the original court held that "a href=" http://sjfzxm.com/news/index_q.asp "> trademark law < /a > is the use of trademark in our country, that is, registered trademarks in China can only be protected in the field of our country. Therefore, the relevant public should be designated as the relevant public in China.

Crocodile company registered the crocodile trademark in mainland China, which is protected by Chinese law.

The use of trademarks that are the same as others' registered trademarks in the same commodity or similar commodities, whether or not they enter the domestic circulation field, constitute a tort.

Therefore, the court of first instance ruled that the Qingdao company should stop trademark infringement and bear 8800 yuan in litigation costs.

< /p >

< p > crocodile company appealed against the first instance judgment, and appealed to the Provincial Higher People's court.

According to the provincial court's trial, whether the foreign licensed processing behavior constitutes a trademark infringement, we should comprehensively consider two factors: whether the product enters the circulation field and the subjective state of the processors.

For those products that have not been circulated in China, when the processors do their duty reasonably, the commercial signs attached to the products are not trademarks used to identify the source of the goods, and will not infringe upon the same registered trademarks in the country. Such a licensed processing act does not constitute trademark infringement.

Finally, the provincial court decided to withdraw the first instance judgment and reject all the litigation requests of the crocodile company.

Yu Yu, President of the three Court of the provincial court of civil affairs, said that this case clearly defined the lawful processing of licensed products, which is of great significance for correctly guiding the coastal areas in China to vigorously develop foreign processing trade.

< /p >