Wedding trademarks belong to category 45- category 4505- single service-marriage introduction 45012 and category 35- category 3502- business administration auxiliary industry -350 122 to provide outsourcing administration for the company.
If the trademark transfer in Shijiazhuang is supposed to be registered, can it be regarded as a trademark infringement lawsuit? The registered trademark of the company name is enough to confuse the relevant public about the source of its goods, so it is possible to bring a lawsuit.
According to the provisions of the Trademark Law, trademark owners can choose the following two legal channels to claim their rights: 1, and raise objections to the trademarks announced in the preliminary examination; 2. Submit a registered trademark dispute to the Trademark Review and Adjudication Board.
Article 60 of the Trademark Law stipulates that if one of the acts listed in Article 57 of this Law infringes on the exclusive right to use a registered trademark and causes a dispute, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it.
When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less than five times the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed.
Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves, indicating the supplier.
What is the basis for judging trademark infringement? According to the provisions of Article 52 of the Trademark Law, there are mainly the following acts of infringing on the exclusive right to use a registered trademark:
(1) Use the same or similar trademark on the same or similar goods without the permission of the registered trademark owner.
(2) Without the consent of the trademark registrant, the act of changing its registered trademark and putting the goods with changed trademarks on the market again is also called "reverse counterfeiting" in theory.
(3) selling goods that infringe upon the exclusive right to use a registered trademark. According to Item (3) of Article 56 of the Trademark Law, if you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you can prove that the commodity was legally obtained by yourself and explain it to the supplier, and you will not be liable for compensation.
Therefore, this form of trademark infringement requires the seller's subjective understanding.
(4) the act of forging or making a registered trademark of another person without authorization or selling a forged or made registered trademark without authorization.
(5) Acts that cause other damages to the exclusive right to use a registered trademark of others.