Research On Trademark Infringement Of Related To The Foreign OEM

Whether the behavior of the foreign registered trademark attached to the domestic registered trademark is the same as that of the domestic registered trademark.Theinfringement shall be subject to the substantive damage judgment standard.Substantive damage standards determine whether the manufacturer is infringing its reasonable duty of care as a prerequisite,and to examine the interests of domestic trademark owners have not been substantial damage.If the processing company to specify the attached foreign trademark to do reasonable duty of care,even if the composition of trademark infringement,nor bear tort liability;if the manufacturer of the designated foreign trademark attached to thereasonable obligation to pay,and the domestic rregistered trademark Damage,and set with the parties to bear tort liability.The scope of reasonable duty of care varies with the same or similar domestic trademark as the attached foreign trademark:For ordinary registeredtrademarks or unregistered trademarks,the manufacturer may,as long as the generalobligation is concerned,The designated trademark has a legitimate and effective use of the right;well-known or well-known domestic registered trademarks,processing companies to make greater duty of duty,in addition to verify the legitimate and effective use of the right,but also to verify whether the registration of foreign trademarks in good faith.Of course,this higher duty of care should be based on the well-known or well-known registered trademark owner's advice,that is,the domestic rights holders to provide foreign registered trademark malicious registration of evidence after the stop processing business cooperation.Substantive damage means that the substantial benefits enjoyed by the trademark owner on the mark include the reputation of the trademark,the reputation and the potential and well-known potential market interests of the trademark goods.If the goods processed on the domestic trademark of these interests caused by the existing or potential damage,you can think that the establishment of damage.Domestic processing companies do not have reasonable duty of care,should be with the set of people to bear tort liability.