The law firm's overseas services include the Supreme People's Court's judicial interpretation on trademark infringement
Trademark infringement is a widespread phenomenon, especially in today's globalized world, with an increasing number of overseas trademark infringement cases. In response to trademark infringement, the Supreme Court has issued a series of judicial interpretations to regulate and guide relevant judicial practices.
Definition of Trademark Infringement
According to the Supreme Court's judicial interpretation, trademark infringement primarily encompasses direct infringement and indirect infringement. Direct infringement refers to the use of a mark identical or similar to another's registered trademark on similar goods or services, which is likely to cause confusion. Indirect infringement, on the other hand, refers to the use of a mark identical or similar to another's registered trademark on similar goods or services, which, while not directly confusing, may nonetheless cause confusion.
Burden of Proof for Trademark Infringement
In trademark infringement cases, the plaintiff must be able to prove the defendant's infringement, including proving its legal rights to the registered trademark, that the defendant's use of the trademark constitutes infringement, and that it has caused losses. If the defendant is found to have committed the alleged infringement, he or she should be able to provide a reasonable explanation and relevant evidence to defend the case.
Loss and protection of trademark rights
Trademark infringement can not only cause economic losses to the plaintiff but also lead to the loss of trademark rights. According to the Trademark Law, if a trademark registrant fails to use their trademark within five years, or for three consecutive years without justifiable reasons, their trademark rights may be deemed lost. Therefore, trademark protection requires not only timely safeguarding of trademark rights but also maintaining normal use of the trademark.
Remedies for Trademark Infringement
Once trademark rights are infringed, plaintiffs may seek relief through litigation. The Supreme Court's judicial interpretations provide for various remedies, including cessation of the infringing behavior, elimination of the impact, and compensation for losses. Furthermore, plaintiffs may file complaints with the industrial and commercial administration, market supervision, and other departments, requesting an investigation and resolution of the infringement.
Overseas cases of trademark infringement
With the development of economic globalization, overseas trademark infringement cases are increasing. For example, in the cross-border e-commerce sector, some businesses imitate the trademarks of well-known brands to attract more attention and sales, which seriously infringes intellectual property rights. The Supreme Court's judicial interpretation also applies to overseas trademark infringement cases, providing judicial support for protecting trademark rights.