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The Way To Protect Trademark Exclusive Right

2011/1/10 18:08:00 58

Protection Of Exclusive Right Of Trademark

    Exclusive right of trademark Of Protection way :


(1) administrative means


If a person infringes upon the exclusive right to use a registered trademark, the infringed party may complain to the administrative department for Industry and commerce at or above the county level, and request the industrial and commercial administrative organ to investigate and punish the infringement case. The administrative organs for Industry and Commerce have made administrative handling of the infringement cases that have not yet constituted a crime, and transferred to the judicial organs the criminal liability of the infringers for infringing cases suspected of crimes. If a party refuses to accept the decision made by the administrative authorities for Industry and commerce, he may bring a suit in a people's court within 15 days from receipt of the notice. If the case is not prosecuted and fails to be fulfilled, the relevant administrative departments for Industry and Commerce shall apply to the people's court for compulsory execution.


   (two) judicial approach


The infringed may also directly sue a people's court for infringing upon the exclusive right to use a registered trademark. The people's court maintains the legitimate rights and interests of the exclusive right holder of a trademark through judicial proceedings.

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Administrative Complaints About Trademark Infringement

According to the provisions of the trademark law, anyone who infringes upon the exclusive right to use a registered trademark may, in any case, accuse or inform the administrative department for Industry and commerce at or above the county level where the infringing party is located or where the infringement is committed.