Analysis Of Trademark Infringement

< p > < strong > 1. < a href= > http://www.91se91.com/news/index_c.asp > > trademark > /a > the form of infringement is < /strong > /p >.

< p > (1) a trademark which is the same or similar to its registered trademark on the same commodity or similar commodity without the permission of the registered trademark owner.

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< p > (2) selling goods that infringe the exclusive right to use registered trademarks.

The sale does not know that it is a commodity infringing upon the exclusive right to use a registered trademark. It can prove that the commodity is legally acquired by itself and that the supplier is not liable for compensation.

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< p > (3) forging and unauthorized manufacture of others' registered trademarks < a href= "http://www.91se91.com/news/index_c.asp" > identification < /a > or selling such labels.

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< p > (4) without the trademark < a href= "http://www.91se91.com/news/index_c.asp" > registered person < /a > agree, replace its registered trademark and put the trademark changed into the market.

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< p > (5) on the same commodity or similar commodity, the same or similar words and figures of others' registered trademarks are used as commodity names or commodity decorations, which are enough to cause mistaken recognition.

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< p > (6) intentionally provides convenient conditions for warehousing, pportation, mail and concealment for infringement of the exclusive right of a registered trademark.

Legal education network < /p >

< p > (7) the words that are the same or similar to others' registered trademarks shall be used prominently in the same or similar commodities as the names of enterprises, which will easily cause misunderstandings among the relevant public.

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< p > (8) to copy, imitate, plate well-known trademarks registered by others or their principal parts as trademarks in different or similar commodities, mislead the public, resulting in the damage to the interests of the registered trademark of the well-known trademark.

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< p > (9) registering the same or similar words with others' registered trademarks as domain names, and making electronic commerce through the domain names for related commodity pactions, is likely to cause public misrecognition.

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< p > < strong > 2., the fair use of trademarks < /strong > < /p >

< p > reasonable use is the exception of tort. It refers to the necessary good use of the general name, figure, type of the commodity contained in a registered trademark, or the words directly expressing the quality, main raw material, function, purpose, weight, quantity and other characteristics of the commodity.

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< p > < strong > 3. trademark infringement litigation < /strong > < /p >

< p > in case of infringement of the exclusive right to use a registered trademark, the licensee who has exclusive use of the license contract may bring a suit in the people's court; the licensee who has discharged the license contract may jointly Sue with the trademark registrant, or may initiate proceedings on the condition that the trademark registrant does not prosecute; the licensee of the ordinary use license contract can make a lawsuit through the explicit authorization of the trademark registrant.

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