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Guangdong Chengyuxin law firm

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Trademark rights
Author:admin Time:2017-09-29

The trademark stands for the reputation of a company or individual, maintains the good reputation of the trademark, and can guarantee the interests of consumers and producers and operators. The trademark is registered in recent years, forgery, translation and other reasons, trademark holders reputation and interests by direct damage examples of common occurance, trademark holder maintains its own trademark rights are not malicious, is imperative.

Trademark:

A trademark is a mark that differentiates an operator's brand or service or other business operator's goods or services. Provisions of the trademark law in our country, after examination and approval by the trademark office registered trademarks, including commodity trademarks, service marks and collective marks and certification marks, the trademark registrant shall enjoy the right to the exclusive use of a trademark, protected by law. Trademarks are divided into 45 categories, 1-34 belong to commodity trademarks, and 35-45 belong to service trademarks.

Trademark infringement:

Behavior person without permission from the trademark rights, on the same or similar products to use its registered trademark identical or similar trademarks, or other interference, hinder the trademark rights to use its registered trademark, damage the lawful rights and interests of trademark obligees behavior. The infringer usually bears the responsibility to stop the infringement, knowing or knowing that the actor who is infringing is responsible for the compensation, the circumstances are serious, and he is also liable for criminal liability.

Type of trademark infringement:

(1) to use a trademark that is identical or similar to a registered trademark on the same or similar goods without the permission of the owner of the registered trademark;

(2) selling products that knowingly counterfeit registered trademarks;

(3) forging or forging a registered trademark of another person or selling a registered trademark that is forged or manufactured without authorization;

4. Selling goods that are knowingly or knowingly infringing on others' registered trademarks;

5. In the same or similar goods, the same or similar words and graphics shall be used in the name of the commodity or the decoration of the goods, which shall be sufficient to cause the mistaken identity;

(6) providing warehousing, transportation, mailing and concealment of convenient conditions for the purpose of infringing upon the registered trademark exclusive rights of others;

7, and other well-known trademark identical or similar trademarks used in the similar commodities and would suggest that the goods with the well-known trademark registrant that there is a link between, which may cause damage to the rights and interests of the well-known trademark registrant;

8. Since the date of the recognition of the well-known trademark, the same or similar words of the well-known trademark shall be used as part of the enterprise name and may cause the public to misunderstand;

9. Other damage caused by the right of exclusive use of registered trademarks of others.


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