Traditional Culture Encyclopedia - Hotel accommodation - What to do if Shangri-La Hotel is infringed upon?
What to do if Shangri-La Hotel is infringed upon?
If a dispute arises due to infringement of the exclusive right to use a registered trademark, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department. deal with. According to the provisions of the Trademark Law, there are three ways to handle trademark infringement: negotiation, litigation and administrative handling. As for the specific processing method to be adopted, it can be determined by the right holder based on the specific circumstances. Legal basis: "Trademark Law" Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, they may be determined based on the benefits gained by the infringer due to the infringement. ; If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the trademark license fee.
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