On October 12, 2002 members of the PRC Supreme People's Court Trial
Resolution 1246 adopted by the conference, since October 16, 2002 has come into effect.
In order to correctly hear cases of trademark disputes, "General Principles of Civil Law," "The PRC Contract Law," "The People's Republic of China Trademark Law," "PRC Civil Procedure Law," and other laws and regulations, applicable law to explain a number of issues as follows :
The first of the following acts is the trademark of Article 52 (5) provides for the person the exclusive right to use the registered trademark of causing other damage acts :
(1) and the others registered trademark of the same or similar language as an enterprise like the name of the same or similar goods to highlight the use, easy to make public the relevant guy;
(2) Copy, copy, translate others registered trademarks or its major part in the same or similar merchandise is not as a trademark on the use of misleading the public, resulting in the well-known trade marks registered person's interest may be in jeopardy;
(3) and the others registered trademark of the same or similar language similar to the registered domain name, and the adoption of the domain name related merchandise e-commerce transactions, easily related to the public have the misconception.
Based on the second of the Trademark Law Article 13, paragraph 1, reproduction, copying them, others did not translate in China registered trademarks or its major part of the same or similar merchandise as on the use of the trademark and may easily lead to confusion, it should be borne stop against civil liability.
The third of the provisions of Article 40 of the Trademark Law of the use of the trademark license include the following three categories :
(1) an exclusive license, is a registered trademark of the agreed period, the place and agreed to, in a manner registered trademarks are only permitted a license to use, according to people registered trademarks agreed not to use the registered trademark;
(2) an exclusive license, is a registered trademark of the agreed period, the place and agreed to, in a manner registered trademarks are only permitted a license to use, according to people registered trademark agreement was able to use the registered trademark but not otherwise permit the use of the registered trademark;
(3) The general license, is a registered trademark of the agreed period, the place and agreed to, others permission to use a registered trademark, can use the self-registration of trademarks and licensing the use of its registered trademark.
The fourth of the provisions in Article 53 of the Trademark Law of the stakeholders, including the use of the registered trademark license contract licensed, registered trademarks property rights, such as the legal successor.
In the event of the exclusive right to use registered trademarks have been infringed upon, exclusive license contract can be permitted to file lawsuits; Exclusive contract permitting the use of the licensee can and common people registered trademark prosecution, but also in trade mark registration can not prosecute the case, to institute legal proceedings; General Xu use the contract may be permitted by people who registered trademark clear mandate can be sued.
The fifth of the registered trademark or a registered trademark of interested parties regarding the renewal spread limitation period, not approved, before infringement of a registered trade mark exclusive right to initiate proceedings, the people's courts should be handled.
Sixth violations of the exclusive right to use registered trademarks file civil action by the Trademark Law Article 13, Article 52 violations by the implementation, infringing goods to the storage or attachment, the defendant home to the people's court jurisdiction.
The preceding section of the storage infringing goods, is large or regular store, the location of misprision of infringing goods; Attachment to refer to customs, industrial and commercial administrative organs attachment, garnishment infringing goods location.
The seventh of the implementation of various violations of the defendants filed a number of common litigation, the plaintiff can choose one of the defendant's violations implementation of the people's courts of jurisdiction; Only one of them from lawsuits filed by the defendant, the defendant violations to the implementation of the people's courts have jurisdiction.
Eighth alleged trademark of the relevant public, I was referring to by the trademark logo of a particular type of goods or services related to the foregoing and consumers of goods or services closely related to the marketing of other operators.
Trademark 9 of Article 52 (a) of the same trademark, is charged with trademark infringement and is a registered trademark of the plaintiff, compared to two in visual basic differences.
Trademark of Article 52 (a) of the Trade Marks approximation, is charged with trademark infringement and is a registered trademark of the plaintiff, compared to the glyph writing, pronunciation, meaning, or graphics, colors and composition, or its combination of all the elements of the overall structure similar to, or a three-dimensional shape, Yen Approximate color combinations, resulting in the public related to the origin of goods produced by mistake or that their sources with the plaintiff registered trademark of the goods that have a specific link.
Based on the 10th of the People's Court of the Trademark Law of Article 52 (a) of the identified the same or similar marks in accordance with the following principles :
(1) relevant to the general public attention to standards;
(2) not only have to mark on the whole than the right, but also for the mark than the main part of the right, than to be compared to the target of isolation under respectively;
(3) Approximate judge whether a trade mark, the request should be considered to protect the registered trademark of the significant and visibility.
Article 11 of the Trademark Law of Article 52 (a) provides a similar commodity, refers to the function, use, production, sales channels, such as targeting the same or related to the general public that its existence of specific links, making it easy to confuse the goods.
A similar service is in the service of objectives, contents, methods, the same object, or related general public thinks that there are specific links, making it easy to confuse the services.
Goods and services similar to refer to goods and services between the existence of specific links so easily related confusion to the public.
Article 12 of the Trademark Law in accordance with the people's court of Article 52 (a) of the identified goods or services similar, it should be related to the public right of goods or services to the general understanding of a comprehensive judgment; "Trademark registration of goods and services using the International Classification Table", "similar goods and service areas points table "can be judged as similar goods or services reference.
Article 13 People's Court based on Article 56 of the Trademark Law, the first set of tort liability, can choose the right method for calculating the amount of compensation.
Article 14 of the Trademark Law Article 56, paragraph 1, of the infringement of benefits that can be infringing goods sold and the profits of commodity product calculation; The commodities unit profits could not be identified in accordance with the registered trademark of the commodity units calculating profits.
Article 15 Article 56 of the Trademark Law, the first due to the infringement by the loss, according to rights because of the infringement as a result of reductions in sales of goods or infringing merchandise sales with the registered trademark of the profits of commodity product calculation.
The 16th of the infringement because of the infringement was of the interests or by the infringer due to the infringement by the loss is difficult to determine, according to the People's Court at the request of the parties or ex officio application of paragraph 2 of Article 56 of the Trademark Law of determining the amount of compensation.
The People's Court in determining the amount of compensation that should be considered violations of the nature, consequences, the reputation of trade marks, the use of the trademark license fee for the amount of use of the trademark license type, timing, scope and stop violations of reasonable expenses, such as determining factors.
Parties in accordance with paragraph 1 of this article provides an agreement on the amount of compensation should be permitted.
Article 17 Article 56 of the Trademark Law, the first stop violations pay reasonable expenses, including the right person or through an agent to investigate violations, the evidence of the reasonable cost.According to the People's Court proceedings client request and the circumstances of the case, it would be consistent with state departments of lawyers expenses in the area of compensation.
Article 18 of the registered trade mark infringement of the exclusive right of limitations for 2002, since the registered trademark rights or the pros who knew or should have known violations date calculation. Trademark registration or interested party over the prosecution in 2002, if the violation of the prosecution continues in the registered trademarks within the time limit of the exclusive right of the people's court should sentence the defendant to stop violations, tort damages from the amount should be right to the people's court date forward two projections years.
Article 19 permits the use of the trademark without the filing of the contract, which did not affect the validity of the contract permitted, but otherwise agreed by the parties with the exception.
The use of the trademark license contract in the Trademark Office has not filed, not confrontation goodwill third person.
20 registered trademark of the transfer does not affect the entry into force before the transfer of the trademark license contract, but the use of the trademark license contract except otherwise agreed.
Article 21 People's Court in adjudicating violations of the exclusive right to use the registered trademark dispute case, based on the 134th of the General Principles of Civil Law, the Trademark 53 of the requirements and circumstances of the case, can make a decision to stop the infringer against shoulder to remove and eliminate dangers and compensation for losses, remove civil liability can also make fine collection of infringing goods, counterfeit trademark logos and specialized for the production of infringing goods materials, tools, equipment and other belongings civil sanctions decision. The amount of fines can refer to the "People's Republic of China implemented the Trademark Law," the relevant provisions identified.
Industry and commerce administration departments of the same infringement of registered trademark has the right to be given administrative punishment, the people's court will no longer be civil sanctions.
Article 22 of the people's courts in adjudicating cases of trademark disputes, in accordance with the request of the parties and the circumstances of the case, involving a registered trademark law known whether any such designation.
Finds well-known trademarks, it should be in accordance with Article 14 of the Trademark Law provisions.
The parties had been in charge of administrative organs, or the people's court finds the request of the protection of well-known marks, the other party to the well-known trademark no objection, the people's courts will not review. The challenge, the people's courts in accordance with Article 14 of the Trademark Law of the review.
This interpretation of Article 23 of the trademarks of the rules that apply to service marks.
Before the 24th of the relevant provisions inconsistent with this interpretation, to this interpretation.
