How to deal with infringing trademarks
In today's business environment, the problem of trademark infringement is becoming increasingly prominent, and many companies are facing the risk of trademark infringement. Understanding how to deal with infringing trademarks is crucial to safeguarding the legitimate rights and interests of enterprises. This article will provide you with a detailed analysis of how to deal with infringing trademarks based on the hot topics and hot content on the Internet in the past 10 days.
1. Main forms of trademark infringement
Trademark infringement usually takes the following forms:
| Type of infringement | Specific performance |
|---|---|
| direct infringement | Using someone else’s registered trademark without permission |
| Similar infringement | Use a mark that is similar to a registered trademark |
| reverse impersonation | Changing the registered trademark on other people’s goods without authorization |
| Internet infringement | Using infringing trademarks on e-commerce platforms or social media |
2. Processing steps after discovering trademark infringement
When it is discovered that a trademark has been infringed, the rights owner can take the following steps to safeguard its rights and interests:
| steps | Specific measures |
|---|---|
| Step One: Evidence Preservation | Collect evidence of infringing goods, purchase vouchers, web page screenshots, etc. |
| Step 2: Send a warning letter | Issue a formal infringement warning letter to the infringing party |
| Step Three: Administrative Complaint | Complain to the local market regulatory authority or intellectual property office |
| Step Four: Civil Litigation | File a trademark infringement lawsuit with the People's Court |
| Step Five: Criminal Report | Serious infringements may be reported to the public security organs |
3. How to deal with trademark infringement on different platforms
The handling methods for trademark infringement on different platforms are also different:
| platform type | Complaint channels | Processing time |
|---|---|---|
| E-commerce platform | Platform intellectual property protection system | 3-7 working days |
| social media | Platform reporting function or legal team | 5-10 working days |
| search engine | Search Engine Complaint Center | 7-15 working days |
4. Compensation standards for trademark infringement
According to the provisions of the Trademark Law, the compensation standards for trademark infringement are as follows:
| Compensation method | calculation standard |
|---|---|
| actual loss | Losses suffered by the rights holder due to infringement |
| Profit from infringement | The infringer’s profits from the infringement |
| statutory compensation | Below 5 million yuan, determined as appropriate |
5. Suggestions on preventing trademark infringement
To avoid trademark infringement disputes, companies are advised to take the following preventive measures:
1. Register your trademark as early as possible and improve your trademark layout
2. Conduct regular trademark monitoring and market surveys
3. Establish a sound trademark use and management system
4. Strengthen trademark legal training for employees
5. Maintain long-term cooperation with professional intellectual property lawyers
6. Recent popular trademark infringement cases
Recent trademark infringement cases that have been hotly debated across the Internet include:
1. The trademark of a well-known milk tea brand has been copied by many, and the rights protection action has attracted attention.
2. International big-name trademark infringing products appearing on cross-border e-commerce platforms
3. Unauthorized use of other people’s trademarks for promotion in short video platforms
These cases once again remind us that trademark protection requires continued attention and proactive action.
In short, when faced with trademark infringement, rights holders should promptly take legal measures to safeguard their rights and interests. At the same time, it is recommended that enterprises strengthen their awareness of trademark protection in daily operations to nip problems in the bud. If you encounter complex trademark infringement issues, it is recommended to consult a professional intellectual property lawyer to obtain more targeted legal advice.
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