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FAQ of Right Protection

2016-07-28 16:11:19

1. What are the main types of trademark right protection?

A. 1) Transaction maintenance, mainly to do communication or send a letter warning, negotiated settlement for minor trademark infringement;

2) Administrative investigation, investigate trademark infringement by administrative organs (industrial and commercial department or customs anti smuggling department), seizure of infringing goods and accounts, and make the corresponding administrative penalties (fines, confiscation of illegal proceeds, destruction of infringing goods) or administrative guidance (ordered to stop infringement);

3) Criminal investigation, counterfeit trademark badly , suspected to constitute related crimes of counterfeiting registered trademark, will file, detect, investigate counterfeit registered trademark by the public security organ (economic investigation department), seizure of counterfeit items, tools and accounts, take coercive measures (detention, arrest or bail) to the relevant people involved,  examine and prosecute by the procuratorate, the court trial, finally, selling fake goods should be punished.

4) Litigation, the behavior of the infringer seriously endanger the interests of trademark owners, and the infringer has a strong economic strength, the trademark rights holder can stop the infringement by litigation, also require compensation for losses.

2. What is the most direct and efficient way to stop trademark infringement?

A. Administrative investigation and criminal investigation are the most direct and efficient way, and the administrative investigation and criminal investigation directly take coercive measures to the infringing products , the highest efficiency, the best effect.

3. What are the contents of trademark right protection services?

A. 1) The investigation and collection of evidence, including: the name of the infringer, address, the surrounding environment (to prevent the escape or destruct the evidence), economic strength, the number and value of infringing products, infringer upstream and downstream dealers information, and whether has close relation with government departments;   

2) Make the rights protection plan, according to the survey evidence to select the appropriate rights protection

3) Implement the rights protection plan, complain report or prosecute to the relevant government departments determine the investigation time or court time, cooperate with the relevant government departments;

4) follow-up the result of rights protection case, organize and save the case information, and submit the result of case to the right holder.

 


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