What should I do if a trademark infringement occurs? Legal measures that can be taken.

What should I do if a trademark infringement occurs?

What is trademark infringement?

The Trademark Law stipulates that trademark infringement occurs in the following situations:
1. For marketing purposes, using the same or similar trademark on the same or similar goods without the permission of the trademark registrant, specifically includes the following three situations (Article 68 of the Trademark Law):
(1) Use the same trademark on the same goods or services.
(2) The use of the same trademark on similar goods or services may cause confusion among consumers.
(3) Using similar trademarks on the same or similar goods or services may cause confusion among consumers.

2. To provide yourself or others with the same or similar goods or services as the registered trademark, without the consent of the trademark owner, for the purpose of manufacturing, selling, holding, displaying, exporting or importing for marketing purposes the same or similar goods or services with the same or similar registered trademark; Trademark labels, tags, packaging containers or service-related items.

3. Without the consent of the trademark owner, one of the following circumstances occurs (Article 70 of the Trademark Law):
(1) Using an identical or similar trademark knowingly that it is someone else’s well-known registered trademark, which may cause the risk of impairing the recognition or credibility of the trademark.
(2) Knowingly using the words in the famous trademark as the name of one's own company, firm, group, network domain or other business entity, knowing that it is a well-known registered trademark of another person, causing the risk of confusion among relevant consumers or detracting from the trademark. There is a risk to the identification or credibility.

What should I do if my trademark is infringed by others?

1. Negotiate on your own. If the two parties can reconcile after the infringement occurs, it can not only enable the trademark owner to quickly and effectively realize and safeguard their rights and interests, but also enable the infringer to avoid damage to his reputation. If they are unwilling to negotiate or cannot reach an agreement, the parties can also file a civil lawsuit directly with the court.
2. Mediation. Mediation is not a necessary procedure for resolving trademark disputes. If the parties are willing to mediate, are unable to reach a mediation agreement, or regret after mediation, they can directly file a civil lawsuit in court.

3. Litigation resolution methods
(1) File a civil lawsuit
According to Article 69 of the Trademark Law, the trademark owner may claim:
1. Eliminate or prevent others from infringing on your trademark rights.
2. Request the infringer to destroy the items that infringe the trademark rights and the raw materials or equipment used when infringing the trademark. However, the court may also make other necessary dispositions based on the circumstances and after considering the degree of trademark infringement and whether the interests of a third party are involved.
3. For intentional or negligent infringement of trademark rights, the trademark owner may also request damages.
(2) Filing criminal proceedings
According to Articles 95 and 96 of the Trademark Law:
Infringement of the trademark rights of others may result in criminal liability of up to three years in prison, criminal detention, or a fine of up to NT$200,000.

Further reading:What is patent litigation? What is the process of patent litigation?

Further reading:What are business secrets? Three major legal requirements for business secrets.

Our team of lawyers has focused onIntellectual property field, has represented many patent, trademark, copyright and trade secret infringement cases. The team of lawyers specializes in laws related to intellectual property rights and has rich practical experience. They work closely with information security consultants to provide the highest quality legal services based on their rich experience.

➖➖➖➖➖➖➖➖

If you have any relevant legal questions, please feel free to call us, we will sincerely serve you!
Line：https://line.me/ti/p/@fdlaw
Tel:0277093611
Facebook:https://www.facebook.com/fudalawyer
website:https://fdlaw.com.tw/
e-mail:info@fdlaw.com.tw