How to compensate for infringement if the trademark is not used_How to compensate for infringement i
Time:2026-01-06 Views:3
Introduction to infringement
In trademark law, a company's registered trademark is a vital component of its brand and a crucial tool for competing in the market. If another company or individual uses the trademark without authorization, this constitutes trademark infringement. Even if an overseas service trademark is not already in use, unauthorized use by others constitutes infringement.
Legal protection of unused trademarks
Under the Trademark Law, the registrant of a trademark enjoys exclusive rights over its trademark. While non-use of a trademark may be considered a waiver of the rights or a relinquishment of the right to use it, unused trademarks are still protected by law. The registrant of an unused trademark can still assert its trademark rights to prevent unauthorized use by others.
Legal liability for infringement
If someone uses a registered trademark without permission, it constitutes trademark infringement. The infringer shall bear the corresponding legal liability for trademark infringement. According to the Trademark Law, the trademark owner has the right to require the infringer to cease the infringement and bear the liability for compensation.
Compensation for infringement
Even if a service trademark is not used overseas, infringement requires compensation. The infringer shall bear the economic losses caused to the trademark owner by the infringement. Compensation may include direct economic losses, indirect economic losses, and reasonable rights protection costs.
Determination of compensation amount
Determining the amount of compensation typically requires comprehensive consideration of multiple factors, including but not limited to the trademark's fame, the impact of the infringement on the brand's reputation, the duration of the infringement, and the infringer's level of fault. When determining the amount of compensation, full consideration should be given to the protection of the trademark owner's rights and interests to avoid excessively low compensation that fails to fully cover the losses caused by the infringement.
Relief
Trademark rights holders can seek compensation and other relief through civil litigation. During the litigation process, they can request the court to stop the infringing behavior and protect their trademark rights. In addition to civil litigation, trademark rights holders can also seek compensation through administrative complaints, negotiated settlements, or other legal channels.