Introduction
Hold a month in both hands from the numerous heart that appears on the market first days, arrive to numerous people following one by onely indicate, electric business platform some is great those who send uptake billow the tip is the mountain fastness product that piles mix the false with the genuine, what its endanger it serves to show is big, of the influence deep. In daily life, we there is no lack of can discover loiter of a few commodity is worn the heat of brand merchandise, pass Gao Fang's brand and consumer of the explicit misdirect that pack, if identify not carefully, very easy its promiscuous, wrong plum ghost is become Li Kui. The existence of mountain fastness brand, harm the interest of consumer easily not only, return order of can disturbed market, the legitimate rights and interests of brand of enroach on authorised edition. Embellish check gentleman chats with you today " tort of brand of · of the brand that touch porcelain " those things. . .
1
Observation piece
Above all we play a little game first:
" brand searchs different "
Come first a simple hot warm up
Simple
So Easy! Have difficulty!
Receive please this is inscribed below me, was valued!
Common
Allow me to look well, seem to discern a bit hard!
I am sending, you search together, can want catching oh!
Difficult
If these commodity appear in bazaar, how can I do
Do not worry, these mountain fastness brand violated trademark law, turn over undeserved competition law to wait, already formed tort, concerned branch can undertake condemnatory to its lawfully
2
Commentate law piece
Brand tort: Behavior person is permitted without person of trade mark right, as identical as its registered trade mark or approximate label is used on identical or similar goods, the person uses other perhaps interference, cloggy trade mark right its registered trade mark, damage person of trade mark right to join the other action of right beneficial. The clue is serious, assume criminal responsibility even. (Baidu 100 divisions)
Basis " trademark law of People's Republic of China " fiftieth 7, set 7 kinds of act that violate trade mark right:
1, the license without the trademark registrant, in same kind use on commodity as identical as its registered trade mark;
2, the license without the trademark registrant, in same kind as approximate as its registered trade mark label is used on commodity, perhaps use as identical as its registered trade mark or approximate label on similar goods, bring about easily promiscuous;
3, the sale encroachs the commodity of trade mark right;
4, forge, registered trade mark of production other of do sth without authorization marks or the sale is forged, the registered trade mark that do sth without authorization makes marks;
5, agree without the trademark registrant, change its registered trade mark changes this the commodity of brand of throw on the market;
6, intended to violate other trademark special right action offers convenience condition, help other is carried out violate trademark the; of special right action
7, the trade mark right that gives another person is caused other those who damage.
Violate trademark what law responsibility should special right assume?
Procuratorate of people of division of state of Zhenjiang city embellish
The case supervises administrative division section chief
Zhang Yujun
The criminal responsibility that brand tort agree carries
Clue of sham other registered trade mark is serious, make crime, should have the following requirement commonly, subjective go up existence is intended; Go up objectively implemented number of illegal behavior, tort bigger, the clue is more serious.
" criminal law "
The 213rd [blame of sham registered trade mark] permit without everybody of registered trade mark, in same kind as same as its registered trade mark label is used on commodity, the clue is serious, be in 3 years of the following set term of imprisonments or arrest battle, be in gold of only perhaps punishment; The clue is particularly serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
The 214th [the commodity blame that sells sham registered trade mark] the commodity that the sale is known perfectly well is sham registered trade mark, sale amount number is larger, be in 3 years of the following set term of imprisonments or arrest battle, be in gold of only perhaps punishment; Sale amount amount is huge, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
The 215th [make illegally, the crime of label of registered trade mark that the sale makes illegally] forge, registered trade mark of production other of do sth without authorization marks or the sale is forged, the registered trade mark that do sth without authorization makes marks, the clue is serious, handle battle of 3 years of the following set term of imprisonments, arrest or control, be in gold of only perhaps punishment; The clue is particularly serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
Procuratorate of people of division of state of Zhenjiang city embellish
Section chief of division of civil administration procuratorial work
Wei Na
The civil responsibility that brand tort agree carries
Person of trade mark right or interests person encounter brand tort, can choose to jurisdictional people court mentions brand tort lawsuit, requirement brand infringer assumes corresponding civil liability to pay compensation.
" trademark law "
The 63rd violates trademark the compensatory amount of special right, decide because of the actual loss that is gotten by tort place according to obligee; Actual loss decides hard, the interest that can acquire because of tort place according to the infringer is certain; The loss of obligee or the interest that the infringer acquires decides hard, consult the multiple that this brand allows use fee is reasonable and affirmatory. Violate trademark to ill will special right, the clue is serious, can be in the one times above that determines amount according to afore-mentioned methods amount of 3 times the following and affirmatory compensation. Compensatory amount ought to include the reasonable pay that the right checks tort behavior place pays artificially. Because obligee is obtained because of tort place by the actual loss that tort place gets, infringer interest, registered trade mark permits use cost to decide hard, by people court basis the clue court decision of tort behavior offers 3 million yuan of the following compensation.
The administrative responsibility that brand tort agree carries
Person of trade mark right or interests person get in the right after enroach on, can choose industrial and commercial service, the requirement undertakes investigating to tort behavior of the infringer, after door of The Ministry of Commerce and Industry receives the application of person of trade mark right, can undertake to the infringer administration is punished below the circumstance that in check illegal fact exists.
" trademark law "
The 60th has Benfadi 57 place row violates one of act of trade mark right, those who pose issue, talk things over by party solve; Do not wish to talk things over or do not talk things over, trademark registrant or interests person can be sued to people court, also can request department of industrial and commercial administration to handle.
When department of industrial and commercial administration is handled, cognizance tort behavior holds water, instruct suspend tort action instantly, confiscate, tort commodity mixes destroy by melting or burning to basically be used at making the tort commodity, tool that forges label of registered trade mark. Violate management forehead of 50 thousand yuan of above, can be in violate the amerce with management fivefold and the following forehead, did not violate management forehead to perhaps violate management forehead to be not worth 50 thousand yuan, can be in fifty thousand and twenty yuan of the following amerce. Perhaps have other and serious plot to behavior of above brand tort is being carried out twice inside 5 years, ought to from heavy punishment. The sale does not know is the commodity that violates trade mark right, can prove this commodity is the person that he is obtained legally and the specification is offerred, by industrial and commercial administration the branch is instructed stop to sell
3
Service piece
How should we defend firm brand
Dismiss the concern that suffers tort?
Brand is registered
Without registered trade mark, be equal to without the brand. Registered trade mark gets legal protection, it is the intangible assets of the enterprise.
Brand change
The name that becomes a trademark registrant, address or other when registering item happening to change, should be versed in to the country commercial firm politics manages bureau of total bureau brand to apply for to deal with modificatory formalities as soon as possible. Deal with not in time, brand may is faced with expire cannot make over, add is exhibited and by the risk of cancel registered trade mark.
Brand add is exhibited
Register when brand fast when expiring, should shift to an earlier date add of 6 months application is exhibited; 10 every years add exhibits brand, add exhibits a frequency to not be restricted.
Brand is made over
The trademark registrant is inside the period of efficacy of registered trade mark, decide a program lawfully, brand special right makes over another behavior.
Brand accredit is permitted
Pass brand accredit, the registered trade mark of use others.
Brand impawn financing
Conclude with pawnee first brand is special authority impawn is written contract, be versed in to the country bureau of brand of management board of commercial firm politics applies for to register next.
End
The forbids tort of brand of more than specification repeatedly action of mountain fastness brand happens constantly in the market. The enterprise is in poineering process, should protect trademark a position with be in significant, business mark is registered and brand monitors the strategy that brings into company brand construction in the program. Brand registers the terminus that is not company brand layout. Still need to undertake maintenance to brand after brand layout, include the use of brand, prevent the enrollment of other and identical or approximate brand, brand dimension authority. Protective brand is made from now, did not let mountain fastness brand get chance.
