Guoguang Intellectual Property: Tencent encounters infringement again, how to define trademark infringement

& Tencent has recently encountered another trademark infringement dispute. The plaintiff Tencent stated that the defendant Beijing Zhanghui Tianxia Technology Co., Ltd. had infringed on its exclusive rights to registered trademarks such as Tiantian Xuanwu, and requested the defendant to prominently display its trademark infringement on the homepage of the application platform for one month in a row. The plaintiff issued a statement to eliminate the impact and compensate the plaintiff for economic losses and reasonable expenses totaling RMB 10,000. So, how to determine whether there is trademark infringement? Let the lawyers of Guoguang Intellectual Property explain to us what behaviors will constitute trademark infringement. Seven Kinds of Trademark Infringement Acts
According to Article 57 of the Trademark Law of the People's Republic of China, seven kinds of acts that infringe upon the exclusive right to use a registered trademark are stipulated. Use a trademark that is the same as its registered trademark on the same kind of goods
Use a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or use the same or similar trademark as its registered trademark on similar goods Trademarks that are likely to cause confusion
, selling goods that infringe upon the exclusive right to use a registered trademark
, forging or manufacturing registered trademarks of others without authorization, or selling counterfeit or unauthorized registered trademarks
or not With the consent of the trademark registrant, change the registered trademark and put the goods with the changed trademark into the market
, intentionally provide facilities for infringement of the exclusive rights of others' trademarks, and help others to infringe the exclusive rights of trademarks
>, causing other damage to others’ exclusive rights to registered trademarks.
It can be seen that the defendant used Tiantian Xuanwu and other trademarks without authorization and provided download and online operation services. This behavior has constituted trademark infringement.
How to prevent disputes and infringement
Guoguang Intellectual Property Lawyers remind that the first step to prevent trademark infringement is to ensure that the trademark has legal effect. Only successfully registered trademarks will be protected by law. Moreover, once a trademark is successfully registered, the possibility of disputes is much less, and the problem of infringement by oneself and others is basically avoided. Therefore, trademark registration is always the first step for enterprises to protect their brands. When you unfortunately encounter a trademark infringement problem, please contact Guoguang Intellectual Property Lawyers in time. They will give you the most professional advice, provide the best quality services, safeguard your legitimate rights and interests, and protect your brand and trademark.