Most be afraid of brand by tort, damage company profit to still one caboodle bothers a thing to want to handle not only, so what is brand tort, how does brand tort do? We look together!
Tort behavior
Those who have one of following action, form violate brand tort act:
(one) the license without the trademark registrant, in same goods use on similar perhaps goods as identical as its registered trade mark approximate perhaps brand, the likelihood is caused promiscuous;
(2) the sale encroachs the commodity that registered trade mark counterpoises;
(3) forge, do sth without authorization is made be the same as approximate perhaps designation of trade marks with photograph of label of other registered trade mark, perhaps sell forge, what do sth without authorization makes is as identical as label of other registered trade mark of approximate perhaps label;
(4) agree without the trademark registrant, change its registered trade mark changes this the commodity of brand of throw on the market;
(5) go up in same similar perhaps goods, as will identical as other registered trade mark similar perhaps sign says as trade name or commodity decorate is used, of misdirect public;
(6) offer storage intentionally to violate act of other trade mark right, carry, mail, hide, technology of tool of treatment, production, production perhaps manages field to wait for convenience condition;
(7) as will identical as other registered trade mark the name that similar perhaps written language regards an enterprise as is used on same similar perhaps goods, perhaps make those who highlight its label effect use with other way, make relevant public produces mistake easily;
(8) duplicate, imitate, the well-known trademark that interpreter other registers or its body are used as brand on not same not similar perhaps goods, misdirect public, cause this interest of celebrated trademark registrant to may be damaged;
(9) as will identical as other registered trade mark similar perhaps written language is registered for the domain name, the electronic business affairs that and through this the domain name undertakes relevant commodity is publicized or commodity trades, make relevant public produces mistake easily.
(10) the trade mark right that gives another person is caused other damage.
Reasonable use
The current name of this commodity, graph, type is contained in registered trade mark, characteristic of etc of the quality of direct perhaps and indicative commodity, main raw material, function, utility, weight, amount perhaps contains place name, person of trade mark right has no right to prohibit just when other is used. The appropriate use action to other cannot be investigated as brand tort behavior.
Tort expression
(One) the license without the trademark registrant, in same kind of goods is similar perhaps use on commodity rather registered trade mark is identical of approximate perhaps brand, specific include 4 kinds of cases:
1, be in same kind of; that as same as other registered trade mark label uses on commodity
2, be in same kind of; that as approximate as other registered trade mark label uses on commodity
3, the; that uses as same as the registered trade mark of other label on similar goods
4, use as approximate as the registered trade mark of other label on similar goods. Carry out this kind of behavior without the license, no matter belong to intended or error, all make pair of other trade mark right encroach.
(2) the behavior that sells the goods that violates trade mark right.
(3) 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 expressional form of behavior of this kind of tort basically has 4 kinds:
1, forge label of other registered trade mark;
2, be entrusted without person of trade mark right or accredit and make its registered trade mark mark;
3, the attributive random that surmounts person of trade mark right to award makes label of its registered trade mark;
4, the sale is belonged to forge, the registered trade mark that do sth without authorization makes marks.
Behavior of the 4th kind of tort, agree without the trademark registrant, change its registered trade mark changes this the commodity of brand of throw on the market;
(5) the trade mark right that gives another person is caused other those who damage.
Brand tort is punished
1, gather evidence
Gather relevant evidence in time. Because be only below the circumstance with enough evidence, just be helpful for administration executing the law orgnaization or judicatory sentence mechanism to be opposite some industry whether tort behavior as soon as possible try to maintain.
2, talk things over solve
Just be contacted actively by tort tort square, tell brand tort, undertake negotiation handling. Just be asked by tort tort just undertakes compensating amount certainly, if tort just agrees, this matter heretoes, if tort just does not agree, just can be undertaken through law by tort thought fors the time being.
3, the acting orgnaization that entrusts major is solved through litigant way
Brand tort case is had very strong professional, and if achieve,wait for an enterprise because of science and technology, have rich and professional intellectual property protects experience, professional personage can undertake preliminary analysis to the case, give you your professional processing plan. Can entrust directly because of,achieve science and technology solve.
