Supreme People's Court above the Trial of Civil Di

【Date】 2002.10.12
issued timeliness】 【effective
implementation date】 【Key Words】 【2002.10.16
113201200203
expiration date】 【Category】 【Content civil
general category
Supreme People's Court issued units】 【

【Number】 Supreme (2002) 32


Supreme People's Court on the trial of civil disputes in trademark case law applicable to the interpretation of a number of issues
(2002 年 10 月 12 annual highest people Court Judicial Committee meeting, adopted 1246, from October 16, 2002 forcible)


trademark disputes in order to properly hear the case,Lacoste Running Trainers, under the Law
following acts belong to the first fifty Trademark Law Article (e) provides that the registered trademark to another person other damage caused by acts of:
(a) of the additional alike or similar trademark for the company's noted words in the same or similar goods on the prominent use, easy to generate the relevant public misidentification;
(b) copy, imitation, translation or other well-known trademark registered in the main part of different or another goods as a trademark to mislead the public, resulting in the well-known interests of trademark holders to feasible damage;
(c) of the other identical or similar trademarks registered as a domain word, and via the domain name for e-commerce transactions narrated goods, easy to produce the relevant public misidentification.
Trademark Law Article

basis of Article XIII, paragraph, duplicate, sham, translation of others is not well-known trademark registered in China or the important part of the same or similar goods as a trademark, threaten to cause confusion, to stop the infringement shall bear civil liability.
Trademark Law Article
set out in Article IV trademark license includes the following three:
(a) the exclusive license, is the trademark in the agreed period, the region and in an agreed way, that a trademark licensee is licensed only for use by trademark holders agreed not to use the registered trademark;

(b ) preferential license, is registered trademark in the agreed period, the region and in an agreed access, that a trademark licensee is licensed only for use by trademark holders can use the registered trademark approval merely shall not be licensed to others the registered trademark;
(c) the general license, is registered trademark in the agreed period, the zone and in an agreed manner,Lacoste Canvas Trainers, permit others to use its registered trademark, and may use the registration itself trademark and license others to use its registered trademark.
Trademark Law Article
fifty interested persons of Articles, including registered trademark license contract licensees, registered trademarks, and other attribute rights, the valid beneficiary.

in the accident of registered trademark rights have been infringed, the exclusive licensing contract with the licensee may apply to the people's court proceedings; exclusive license contracts for the licensee and trademark holders joint prosecution, trademark holders can also be the case not to prosecute their own proceedings; general license contract the licensee plainly licensed by the trademark registrant may bring an action.
Article
trademark registrant or interested party in the renaissance of a registered trademark of the elegance period for renewal applications made, were not approved prior to the infringement of its registered trademark lawsuit filed the people's court should be approved.
Article

trademark infringement lawsuit brought against the exclusive right to act, by the Trademark Law Article XIII, the fifty-second violations in the implementation of the provisions of Article, the tort storeroom sites or seizure of goods seized, the defendant has its domicile shall have jurisdiction.
antecedent paragraph, land storage of infringing goods, means a lot or a regular store, secret place of the infringing goods; sealed appendix to refer to customs, industrial and commercial administrative organ addition, seizure of infringing goods position.
Article

another for violations involving multiple defendants in the lawsuit filed jointly, the plaintiff may select one of the defendants for violations, shall have jurisdiction; only on which the behavior is one of the defendants for violations to the people's court has jurisdiction.
Trademark Law Article VIII referred
relevant public is identified with the trademark on certain goods or services to users and with the aforementioned sale goods or services closely related to other operators.
fifty Trademark Law Article IX paragraph (a) provides the same trademark, is accused of infringing the plaintiff's registered trademarks and trademarks of comparison, both in the visual basically no distinction.

fifty Trademark Law Article (a) provides that a trademark of comparison, is informed of infringing the plaintiff's registered trademarks and trademarks of approximation, the txt of the shape, pronunciation, averaging or the graphics and color combination, or combination of the factors of its overall architecture similar apt, or the three-dimensional fashion, color combinations comparison, simple apt make the relevant sources of public goods product error or that the source of goods with the plaintiff has a enrolled trademark a particular links.
People's Court according to the Trademark Law Article fifty phrase (a) the provisions of the same or similar trademarks identified by the emulating principles:
; (a) the general public consideration to the relevant criterion;
(b) it is required for the overall comparison of the marks, but also for the cardinal chapter of trademarks comparison, comparison should be solitude than the state of the object respectively;
(c) to determine whether the similar trademark, trademark protection is sought should be considered significant and visibility.
Trademark Law Article XI fifty

clause (a) provides a similar product, is in the function,Lacoste Finham SPM Trainers, use, production, sales outlets,Buy Lacoste, consumer object and so the same, or related public generally believed that the existence of a specific contact, likely to cause confusion in the goods.
similar services,Womens Lacoste Trainers, is the intention of the service, content, methods, objects, and so the same, or related to the public generally believed that the existence of a specific adjoin, likely to occasion muddle in the service.
similar goods and services, goods and services is a specific link among the accessible disturbed with the relevant public.

People's Court according to Article XII of the Trademark Law Article fifty (a) of this story, whether such goods or services identified, should be related to public goods or integrated to determine the common awareness of services;
People's Court according to Article XIII, paragraph fifty-sixth the Trademark Law shall be determined in the liability of the tortfeasor, the right of people to choose according to the measurement method of calculating compensation amount.
Trademark Law Article XIV

first paragraph of Article Fifty-sixth the profits gained by the infringement, the infringing goods according to unit bargains volume and profits of the commodity production of calculation; element profit of the goods could not be identified, according to the units of goods registered trademark of calculating profits.
Trademark Law Article XV

first paragraph of Article Fifty-sixth the result of the losses suffered by infringement, according to human rights violations caused by lower sales volume of goods or sales of infringing goods and the goods of the registered trademark product of the unit profit calculation.
Article XVI

infringer for infringement or the profits acquired at the infringer deserving to the losses underwent along the infringement are tough to decide, the court may apply of the parties or the appropriate trademark law on its second paragraph of Article Fifty-sixth the measure of compensation shall be decisive.

People's Court in determining the amount of compensation shall take into consideration the ecology of violations, period, consequences, the dignity of trademarks, trademark license fee amount, the type of trademark licensing, period, zone and stop the violations of the reasonable expenses and other elements identified.
party in accordance with the provisions of the first paragraph of this segment, the amount of compensation agreement, shall be permitted.
Trademark Law Article XVII
first paragraph of Article Fifty-sixth of stopping the infringement to disburse the reasonable expenses, including the right person or deputy of the infringement inquiry, evidence collection reasonable cost.
people's court claims of the parties and the specific circumstances of the case, you can comply with the relevant departments below the State's attorney cost in the compensation range.
Article XVIII

infringement of a registered trademark of the law of limitations is two annuals, since the rights of a trademark registrant or interested person knows or should know the appointment of infringement. Trademark or an interested party extra than 2 years to prosecute, if the violations in the prosecution continues, the registered trademark in the period of validity, the people's court shall sentence the defendant to stop infringement, the amount of tort damages from the rights holders should be to the people's court two years from the appointment of calculation of forward projections.
Article XIX without a trademark licensing contract log, does not influence the validity of the license contract, unless otherwise agreed by the parties.
trademark copyright compact is not filed in the Trademark Office shall not be bona fide third party.
Diershitiao not affect the transmit of trademarks in coerce ahead the convey of the validity of trademark licensing contract, but the trademark license contract, unless otherwise agreed.
Article
People's Court in the case of a
infringement of a registered trademark disputes, the root of civilian law an hundred and thirtieth four, the Trademark Law 第 fifty-three requirements and the specific circumstances of the case, the person who tin stop the infringement ruling against the, removal of obstacles, disposal of perils, mars, exclude the shock of civil liability, you can too make a nice, confiscate infringing goods,Womens Lacoste Trainers New, counterfeit trademark and expertise for the production of infringing goods substances, tools, equipment and other property of the civil sanctions determination. The amount of fines can refer to the
advertisement administrative divisions of the same acts of infringement of registered trademark has been given administrative punishment, the People's Court no longer be civil sanctions.
Twenty-two people
Court in cases of trademark disputes, according to the request of the parties and the circumstances of the case, can be involved in the well-known trademark is acknowledged by law.
well-known trademarks, the Trademark Law shall be in accordance with the provisions of Article XIV.

party had been the managerial authorities or the people's court finds that the well-known trademark protection is sought, the other party involved no objection to a trademark well-known, the people's court will not review. Objection, the people's court in accordance with the provisions of Article XIV of the Trademark Law Review.
Twenty-three of the
explain the goods trademarks shall apply to service marks.
the relevant provisions of the twenty-four previous incongruous with this interpretation to the interpretation shall dominate.