Trademark Infringement Identification

Trademark Infringement Identification

Copyright Infringement Identification

Border Protection

Source : Law 101, https://laws010.com/blog/intellectual-property-rights/trademark/trademark-01

Contents
1. How to determine trademark infringement identification?
2. What should I do if my trademark rights are infringed?
3. What is the service process of trademark infringement identification?
4. Conclusion

1. How to determine trademark infringement identification?
If the following behaviors are met, and the consent of the trademark owner is not obtained, it will be regarded as trademark infringement
(1) Knowingly using the same or similar trademark knowing that the user is a famous trademark, resulting in damage to the recognition and reputation of the original famous trademark

(2) Knowing that the user is a well-known trademark, and using the Chinese character of the trademark as its own trademark, causing confusion among consumers and reducing the recognition and reputation of the original brand.

(3) Using or registering a trademark that is identical or similar to "the same goods or similar goods" for commercial purposes, and selling related goods and services knowing that the trademark rights are infringing, so as to confuse consumers.

2. What should I do if my trademark rights are infringed?

(1) Liability for Trademark Infringement
A. Measures to protect rights (Article 69 of the Trademark Law)

　If the trademark owner discovers that the trademark has been infringed by others, it may request the person who infringes the trademark right to remove or destroy the trademark and the goods using the trademark; If there is a risk of infringement, it is also possible to request that the infringement be removed.

B. Compensation for damages (Article 71 of the Trademark Law)

　The trademark owner can choose one of the following compensation methods to claim compensation:

Expenses incurred as a result of the infringement ;
The benefits received by the infringer ;
An amount of less than 1,500 times the retail unit price of the goods that have infringed the trademark right are seized;
The amount of royalties that the trademark owner can receive if he or she authorizes others to use the trademark.

The actual amount of compensation will be adjusted according to the circumstances, and in practice, it is more commonly used to "amount less than 1,500 times the 'retail unit price' of the goods seized for which the trademark infringement is found".

(2) Criminal Liability for Trademark Infringement (Article 95 of the Trademark Law)
Trademark infringement may be punishable by up to 3 years in prison, criminal detention or a fine of up to NT$200,000.

3. What is the service process of trademark infringement identification?

4. Conclusion
Trademark infringement identification involves professional knowledge and legal judgment, and our professional team has rich practical experience to identify infringements, provide legal basis, and propose effective countermeasures to protect your trademark rights and interests and avoid potential losses. With professional identification and assistance, you will be able to gain a firm foothold in handling infringement cases and litigation, protect your rights and increase your chances of success.

We, Lewis & Davis Patent Attorneys Office, are able to provide you with the best protection for your trademarks and intellectual property rights.

If you would like to know more about intellectual property protection, please contact us.