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How should an enterprise protect its rights when a registered trademark is infringed,

2017-07-18 14:20:29

(A)Notarization of evidence of protection

If the infringement is network and the infringer know that the infringing enterprise will take effect of legal rights, it is possible to delete the page directly to prevent the infringing enterprise to save the evidence and suggest to infringement of the enterprise first screenshot, and then  make the page a notarized certificate in order to preserve the true condition of the infringing matter. Regardless of the infringed enterprises to take a lawsuit or non-litigation, it is proposed to make notarization of the relevant provisions of the network certificate preservation.


(B) Non-lawsuit procedures

Article 60 of the Trademark Law provides that "there shall be one of the acts of infringement of the exclusive right to use the registered trademark listed in Article 57 of this Law, and the dispute shall be settled by the parties concerned. If the parties concerned do not wish to consult or negotiate, the person may be a powerful person who may impose a lawsuit on the legal relationship between the citizen and the legal person, or may dispose of the administration of the industrial and commercial administration. The infringement may issue a solicitor letter to the infringing enterprise and do consultation to require its implementation of compensation, If it cannot be consultation, please let the industrial and commercial management department handle.

 

(C) Handling of lawsuit

The infringing enterprise may sue and sue the competent court. So far, according to Article 57 of the Trademark Law, the infringment act of the infringing enterprise shall be subject to the liability of the infringing enterprise in accordance with the relevant laws and regulations, and the form of liability shall be mainly for the purpose of ceased the infringing act and compensating the loss.

 

 

 

 

 


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