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What is the basis for luggage trademark infringement? (three)

Luggage is a general term for various bags used to carry things, including general shopping bags, handbags, clutches, wallets, backpacks, shoulder bags, satchels, waist bags and various trolley cases wait. Regarding the category of luggage trademarks, which category is the most appropriate?

Through the query in the Bajie Intellectual Property Trademark Encyclopedia, we can know that the category of the luggage trademark is Class 18-1802-leather, artificial leather products, boxes and travel bags not belonging to other categories, Japan Leather products-rucksacks 180100, etc.

What I want to talk about below is also the basis for infringement. You don’t know if you don’t make statistics. After the statistics are compiled, there is so much information, so you will get different results if you sort out some things in person.

① Copying, imitating, or translating a well-known trademark registered by others or using its main part as a trademark on different or dissimilar goods, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark.

The protection of registered well-known trademarks is not limited to the scope of identical or similar goods. Applying for registration of identical or dissimilar goods or using someone else's well-known trademark that has been registered in China will cause the owner of the well-known trademark to If your interests may be harmed, it is also an infringement of the exclusive right to use a registered trademark and is prohibited by law.

② The behavior of imitating famous brands, that is, registering or using the same or similar business name as others, is enough to confuse the relevant public about the source of the goods, or constitutes unfair competition, or exceeds the registered trademark of others Determine the scope of use of goods, or use the same or similar trademarks registered by others by changing the distinctive features, splitting, combining, etc.

③The act of registering words and graphics that others have prior rights to as trademarks. The people's court shall accept a lawsuit filed by a prior right holder on the grounds that the words, graphics, etc. used by others in a registered trademark infringe upon his or her copyright, design patent rights, company name rights and other prior rights.

④The act of counterfeiting geographical indications or falsely representing geographical indications. On the one hand, producers and operators of goods that do not come from geographical indications or marked areas counterfeit geographical indications and obtain illegal benefits; on the other hand, relevant enterprises or individuals in the production areas whose products do not meet the specific quality and characteristics required by geographical indications Cars use geographical indications.

⑤ OEM processing behavior. OEM processing may be a bit unfamiliar among infringement acts. This refers to the act in which an enterprise accepts a commission from a client to produce goods bearing someone else's registered trademark, delivers all the goods to the client, and only charges a processing fee for the goods.

Since it is difficult for processing companies to ensure whether the client's registered trademark comes from legal channels, OEM processing, especially the processing of famous brand products, is likely to infringe on the registered trademark rights of others. Therefore, OEM processing should be brought into the scope of the trademark law, and the rights, obligations and responsibilities of the entrusting party and the processing party with respect to registered trademarks should be clearly defined.

⑥Online trademark infringement. The borderless nature of the Internet makes it possible for trademarks to be used globally, making it possible for companies in different countries to engage in the same business to use the same or similar trademarks; the speed and convenience of the Internet facilitate the occurrence of online trademark infringements. These factors have increased the complexity of online trademark infringement, which requires further research from multiple aspects such as legislative regulations, rights protection costs, law enforcement means, and technical support.