CN112037088A - Trademark infringement determining method and device - Google Patents

Trademark infringement determining method and device Download PDF

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CN112037088A
CN112037088A CN202011199673.6A CN202011199673A CN112037088A CN 112037088 A CN112037088 A CN 112037088A CN 202011199673 A CN202011199673 A CN 202011199673A CN 112037088 A CN112037088 A CN 112037088A
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trademark
detected
target image
information
infringement
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晁阳飞
李林阳
穆丙建
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Beijing Mengzhiwang Technology Co ltd
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Beijing Mengzhiwang Technology Co ltd
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Abstract

The application provides a trademark infringement determination method and a device, and the method comprises the following steps: the method comprises the steps that a server receives a target image and a first position of a trademark to be detected when the trademark to be detected is used, wherein the target image comprises the trademark to be detected; the server extracts the trademark to be detected from the target image; the server compares the first position with a second position where the trademark to be detected is allowed to be used to determine whether the use of the trademark to be detected is infringing. Compared with the prior art, the technical scheme provided by the application verifies the target image containing the trademark to be detected uploaded at any time and any place, so that the behavior of trademark infringement judgment is not influenced by time and space, the working efficiency is improved, and the time cost is reduced.

Description

Trademark infringement determining method and device
Technical Field
The application relates to the technical field of trademark information, in particular to a trademark infringement determination method and device.
Background
In recent years, the phenomena of trademark infringement are increasing, economic losses are caused to trademark owners, adverse consequences are brought, and therefore how to effectively judge whether trademarks infringe or not is a concern. However, in the process of online trademark infringement law enforcement, when evidence is obtained for evaluating whether infringement exists on signboards of various physical stores, a user needs to return to a fixed computer to obtain more information and then can confirm whether infringement exists, the time cost is high, and the efficiency is low.
Disclosure of Invention
In view of this, embodiments of the present application are directed to providing a trademark infringement determination method and apparatus, so as to solve the problems of low trademark infringement determination efficiency and high time cost in the prior art.
In a first aspect, an embodiment of the present application provides a trademark infringement determination method, including: the method comprises the steps that a server receives a target image and a first position of a trademark to be detected when the trademark to be detected is used, wherein the target image comprises the trademark to be detected; the server extracts the trademark to be detected from the target image; the server compares the first position with a second position where the trademark to be detected is allowed to be used to determine whether the use of the trademark to be detected is infringing.
In one embodiment of the present application, the method further comprises: determining the information of a corresponding trademark owner from a trademark information base according to the trademark to be detected; and determining the second position from the industrial and commercial information base according to the information of the trademark ticket person.
In one embodiment of the application, the server compares the first position with a second position of the trademark to be detected, which is allowed to be used, to determine whether the trademark to be detected is infringing the use of the trademark, and the method includes: when the first position is consistent with the second position, outputting a first determination result, wherein the first determination result comprises non-infringement; and outputting a second determination result when the first position is inconsistent with the second position, wherein the second determination result comprises infringement.
In one embodiment of the present application, the to-be-detected trademark includes a trademark figure and/or a trademark name, wherein determining information of a corresponding trademark owner from a trademark information base according to the to-be-detected trademark includes: when the similarity between the trademark graph and the graph of the recorded trademark in the trademark information base reaches a first preset threshold value, determining the information of the trademark owner of the recorded trademark; and/or determining the information of the trademark person with the registered trademark when the similarity between the trademark name and the name of the registered trademark in the trademark information base reaches a second preset threshold value.
In an embodiment of the application, when the first position is inconsistent with the second position, the second determination result further includes changed information in an industry and commerce information base and a trademark information base corresponding to the trademark to be detected, so as to be referred by a user, where the changed information includes information of a changed trademark owner and/or information of a changed trademark using position.
In one embodiment of the present application, the trademark to be detected further includes a third position that is allowed to be used; the method further comprises the following steps: determining whether the use of the trademark to be detected at the third position infringes or not according to the permitted fourth position provided by the trademark use information base; and when the use infringement of the trademark to be detected at the third position is determined, the server sends a third determination result to the user equipment.
In a second aspect, an embodiment of the present application provides a trademark infringement determination method, including: the method comprises the steps that user equipment obtains a target image, the target image comprises a trademark to be detected, and a first position of the trademark to be detected when the trademark to be detected is used is determined; and sending the target image and the first position of the trademark to be detected when the trademark to be detected is used to the server so that the server extracts the trademark to be detected from the target image and compares the first position with the second position of the trademark to be detected, which is allowed to be used, to determine whether the trademark to be detected is infringed in use.
In one embodiment of the present application, a user equipment acquires a target image, including: the user equipment shoots a target image which is located at a first position and uses the trademark to be detected, wherein the method further comprises the following steps: the user device presents the determination results on a user interface for reference by the user.
In a third aspect, an embodiment of the present application provides a trademark infringement determination apparatus, including: the receiving module is used for receiving a target image sent by user equipment and a first position of a trademark to be detected when the trademark to be detected is used, wherein the target image comprises the trademark to be detected; the extraction module is used for extracting the trademark to be detected from the target image; and the determining module is used for comparing the first position with a second position which is allowed to be used by the trademark to be detected so as to determine whether the use of the trademark to be detected is infringed.
In a fourth aspect, an embodiment of the present application provides a trademark infringement determination apparatus, including: the acquisition module is used for acquiring a target image, wherein the target image comprises a trademark to be detected and determining a first position of the trademark to be detected when the trademark to be detected is used; the sending module is used for sending the target image and the first position of the trademark to be detected when the trademark to be detected is used to the server, so that the server extracts the trademark to be detected from the target image and compares the first position with the second position of the trademark to be detected, and whether the trademark to be detected is used infringedly or not is determined.
In a fifth aspect, an embodiment of the present application provides an electronic device, including a processor; a memory for storing processor-executable instructions, wherein the processor is configured to perform the trademark infringement determination method of the first or second aspect.
The embodiment of the application provides a trademark infringement determining method and device, and the target image containing a trademark to be detected is uploaded at any time and any place and uploaded to a server for infringement confirmation, so that the behavior of trademark infringement judgment is not limited by time and space, the working efficiency is improved, and the time cost is reduced.
Drawings
Fig. 1 is a flowchart illustrating a trademark infringement determination method according to an embodiment of the present application.
Fig. 2 is a flowchart illustrating a trademark infringement determination method according to another embodiment of the present application.
Fig. 3 is a flowchart illustrating a trademark infringement determination method according to another embodiment of the present application.
Fig. 4 is a flowchart illustrating a trademark infringement determination method according to another embodiment of the present application.
Fig. 5 is a flowchart illustrating a trademark infringement determination method according to another embodiment of the present application.
Fig. 6 is a flowchart illustrating a trademark infringement determination method according to another embodiment of the present application.
Fig. 7 is a flowchart illustrating an infringement prediction of a trademark infringement determination method according to an embodiment of the present application.
Fig. 8 is a flowchart illustrating an infringement prediction method of a trademark infringement determination method according to another embodiment of the present application.
Fig. 9 is a schematic structural diagram of a trademark infringement determination device according to an embodiment of the present application.
Fig. 10 is a schematic structural diagram of a trademark infringement determination device according to another embodiment of the present application.
Fig. 11 is a block diagram of an electronic device for a trademark infringement determination method according to an embodiment of the present application.
Detailed Description
The technical solutions in the embodiments of the present application will be clearly and completely described below with reference to the drawings in the embodiments of the present application, and it is obvious that the described embodiments are only a part of the embodiments of the present application, and not all of the embodiments. All other embodiments, which can be derived by a person skilled in the art from the embodiments given herein without making any creative effort, shall fall within the protection scope of the present application.
Trademark infringement refers to the act of using a trademark identical or similar to its registered trademark on the same or similar goods without the permission of a trademark authorizer, and the advertisement of posters and online stores of physical stores is also the main form of online or offline trademark infringement. With the development of online or offline law enforcement work, how to confirm trademark infringement anytime and anywhere becomes a technical problem to be solved urgently.
Fig. 1 is a flowchart illustrating a trademark infringement verification method according to an embodiment of the present application. The method of fig. 1 is performed by a computing device, such as a cell phone. As shown in fig. 1, the trademark infringement determination method includes the following.
110: the user equipment acquires a target image, the target image comprises a trademark to be detected, and determines a first position of the trademark to be detected when the trademark to be detected is used.
In particular, the user device may be any handheld terminal with a shooting function, such as a mobile phone, a tablet computer, or a device dedicated to shooting trademarks. When the user equipment is a mobile phone or a tablet, the user equipment is understood to be the application software for judging the trademark infringement installed on the user equipment, and the application software can be used for judging the trademark infringement.
The target image may be an image used by a suspected trademark infringer, which may be the owner of a physical store, or the owner of an online store, such as a signboard of a store or an image of advertising material in the store. The target image may also be a screen shot of an online store.
For example, when an offline executive officer is in evidence of a suspected trademark infringement, the position of the user equipment is adjusted so that the trademark to be detected is located in the center of a target image displayed on the user interface. Of course, the trademark to be detected may also be located at the upper left corner or the upper right corner of the target image, as long as the trademark image to be detected is completely contained in the target image. In this case, the first location is the geographical location of the store.
For another example, online law enforcement personnel may screen capture a suspected trademark piracy online store when the online law enforcement personnel is collecting evidence. In this case, the first location is the URL address (Uniform Resource Locator) of the online store.
A brand database may be provided in the server, which brand database may contain relevant information for comparing the brand to be detected with the first location to determine whether the brand is infringing. The trademark database may be a library of information, such as a manufacturer library of information and a trademark library of information, for providing information about trademark applications and trademark owners and/or trademark licensees. The industrial and commercial information base comprises information such as a legal person of a store, the name of the store, the authorization or permission address of the trademark to be detected and the like. The trademark information base contains information and permission addresses of trademark names, trademark graphs and trademark authorization conditions of the trademarks to be detected, and the grantors and/or trademark licensees.
The trademark database may also be an official record of the library of bad application information, such as the trademark applicant banned library. At least one information store may be contained within the brand database.
The trademark database may be updated automatically or manually. The automatic updating mode can be automatic updating in real time. The automatic update may also be performed at predetermined intervals, such as 12 pm each day. When the trademark database includes a plurality of information bases (for example, both the industry and commerce information bases and the trademark information base), the information bases may be updated at predetermined time intervals, or a single information base may be automatically updated at time intervals set corresponding to each information base, which is not specifically limited in the embodiment of the present application.
In one example, the plurality of repositories comprised by the brand database may be of the same type, such as for example a trade and trade repository or a brand repository.
In one example, the trademark database may include a trade and industry information base, a trademark information base, and a trademark usage information base. The trademark use information base comprises the application conditions of the online website and the offline store of the trademark to be detected. That is, the conditions of applying the trademark to be detected, whether online or offline, are recorded in the trademark use information base, such as online advertisements and trademark use of offline stores. The accuracy of the verification result is ensured by carrying out verification detection on the trademark to be detected in a plurality of information bases.
In one embodiment, the correspondence between the trademark to be detected and the permitted use position of the trademark is determined by information of the trademark use position and the trademark user in the industry and commerce information base and information of the trademark and the trademark owner in the trademark information base.
Specifically, it is possible to determine whether the trademark to be detected is authorized by querying the trademark information base, and if so, it is possible to determine the trademark authorizer or the trademark licensee. The method comprises the steps of confirming information of a trademark using position (such as a store address using a trademark) and a trademark user (such as a legal person in a store) from an industrial and commercial information base according to a trademark owner or a trademark licensor, determining whether the trademark user (such as the legal person in the store) is the trademark owner or the trademark authorized user according to information of the trademark, the trademark owner, the trademark authorized user and the like registered and recorded in the trademark information base, and establishing a corresponding relation between the trademark and the trademark using position when the trademark user and the trademark authorized user are consistent.
120: the user equipment sends the target image and the first position of the trademark to be detected when the trademark to be detected is used to the server, so that the server extracts the trademark to be detected from the target image and compares the first position with the second position of the trademark to be detected, and whether the trademark to be detected is used infringedly or not is determined.
Specifically, the position where the trademark to be detected is allowed to be used may be a plurality of positions, and thus the second position may also be a plurality of. The first location is compared to the second location, which may be a one-by-one comparison of the first location to a plurality of second locations, to determine whether infringement exists.
In an example, the second location may be a location identified in the store information base where the to-be-detected trademark is allowed to be used, such as a store address authorizing use of the to-be-detected trademark. At this time, it is possible to determine whether the use of the trademark to be detected is infringed by comparing whether the first position and the second position are the same. When the first position is the same as the second position, that is, the trademark using position (such as a store address) is the same as the address registered and recorded in the industry and commerce information base, the use of the trademark to be detected is not infringed.
In an example, a fifth position where the trademark to be detected is allowed to be used is further included, where the second position may be a position where the trademark to be detected confirmed in the industry and commerce information base is allowed to be used, and the fifth position may be a position where the trademark to be detected confirmed in the trademark information base is allowed to be used. And determining whether the use of the trademark to be detected is infringed by comparing the relation between the first position and the second position and/or the fifth position when the trademark to be detected is used. When the first position is the same as the second position and/or the fifth position, that is, the trademark using position (such as a store address) is the same as the address registered by the industry and commerce information base and the trademark information base, the use of the trademark to be detected is not infringed.
The determination result may include warning information, i.e., a first determination result (e.g., not infringed) and a second determination result (e.g., infringed) in the following embodiments. The determination result may also include a result of the detection query, for example, displaying all the business information (for example, address information of a legal person and an authorized store) about the trademark to be detected, and highlighting the trademark information to be detected at the current position for the user to view and judge. The determination result may also include information of the infringement behavior at a predicted non-first location (e.g., a third location described in the following embodiments), i.e., a third determination result described in the following embodiments. The determination result may also be a combination of at least two determination results, for example, the determination result includes a first determination result and a third determination result, and the embodiment of the present application does not specifically limit the specific form of the determination result.
In an example, the determination manner of the determination result may correspond to the type of the trademark database, for example, whether or not there is a containment relationship.
For example, the trademark database includes a trade information base, a trademark information base, and a trademark use information base. The determination may be to determine whether or not the related information of the trademark to be detected (the related information may include a trademark figure, a trademark name, a position where the trademark is photographed, and information of a legal person who applies for the trademark, etc.) is contained in the trademark database. And when the related information of the trademark to be detected is contained in the trademark database, determining that the result is not infringed.
Optionally, as another embodiment, the method of fig. 1 further includes: the user device presents the determination results on a user interface for reference by the user.
In particular, the presentation of the determination result may be in the form of a pop-up window. The presentation of the determination result may also be presented in the form of a scroll bar at any location of the user interface, e.g. above the interface. The determination result may also be presented by presenting a different color icon on the interface, such as an infringed red icon, e.g., a red "x" icon; non-infringement is a green icon, e.g., a green "√" icon. The form of the presentation of the determination result can be set according to the actual situation.
In one embodiment, the user equipment receives feedback information input by a user and sends the feedback information to the server, and the server updates the trademark database according to the feedback information.
Specifically, the feedback information input by the user may be infringement reporting information of the user. For example, when the user considers that the trademark of a certain store is infringing, the user may upload a target image including the infringing store and an infringing store address. At this time, the user equipment transmits feedback information input by the user to the server. And the server updates the authorization or permission addresses of the trademarks in the industry and commerce information base and the trademark information base according to the infringement report information uploaded by the user, so that the input information in the trademark database is perfected.
Therefore, the target image is shot anytime and anywhere and uploaded to the server for comparison, so that the trademark infringement judgment behavior is not affected by time and space, the working efficiency is improved, the time cost is reduced, and the real-time performance of trademark infringement determination is enhanced. Meanwhile, the trademark to be detected is extracted from the target image, and the trademark to be detected and the related information thereof are compared with at least one information base, so that the accuracy of the detection result is also ensured.
Fig. 2 is a schematic flow chart of a trademark infringement determination method according to another embodiment of the present application. FIG. 2 corresponds to the embodiment of FIG. 1, and the same parts are not repeated herein, and the differences are mainly described herein. As shown in fig. 2, the trademark infringement determination method includes the following.
210: the server receives a target image and a first position of the trademark to be detected when the trademark to be detected is used, wherein the target image is sent by the user equipment.
In one embodiment, the target image includes a trademark to be detected.
220: and the server extracts the trademark to be detected from the target image.
230: the server compares the first position with a second position where the trademark to be detected is allowed to be used to determine whether the use of the trademark to be detected is infringing.
It should be understood that steps 210 to 230 are substantially the same as the descriptions of steps 110 to 120 in fig. 1, and please refer to the related description of fig. 1 for details, which are not repeated herein.
Therefore, the trademark to be detected is extracted from the target image, and the trademark to be detected and the related information of the trademark to be detected are compared with at least one information base to obtain a determination result, so that guidance of subsequent work of law enforcement officers is facilitated.
According to one embodiment of the application, the information of the corresponding trademark owner is determined from the trademark information base according to the trademark to be detected; and determining the second position from the industrial and commercial information base according to the information of the trademark ticket person.
Specifically, please refer to the description of the embodiment in fig. 1 for details of description of the embodiment, which is not repeated herein to avoid repetition.
Fig. 3 is a flowchart illustrating a trademark infringement determination method according to another embodiment of the present application. FIG. 3 is an example of the embodiment of FIG. 2, and the same parts are not repeated herein, and the differences are mainly described here. As shown in fig. 3, the trademark infringement determination method includes the following.
310: the first position is compared with a second position of the trademark to be detected, which is allowed to be used, to determine whether the use of the trademark to be detected is infringing.
Specifically, a trademark database may be included in the server, the trademark database including a trade information base and a trademark information base. Or the server may directly include an industry and commerce information base and a trademark information base, and two independent information bases, which is not specifically limited in this embodiment of the present application.
The server may compare the brand to be detected and the first location to a database of industry and commerce information to determine whether to infringe. Meanwhile, the server may also compare the trademark to be detected (e.g., trademark graphics and trademark name) with a trademark information base to determine whether the right is infringed, and details of the determination process refer to the following description of the embodiments, which is not repeated herein.
The order of comparison with the industry and commerce information base and the trademark information base is not particularly limited. The sequence may be compared with the trademark information base first and then with the industry and commerce information base. The sequence may also be compared with the trademark information base and the industry and commerce information base at the same time, which is not specifically limited in this application.
320: when the first position is consistent with the second position, outputting a first determination result, wherein the first determination result comprises non-infringement.
Specifically, when the brand name and the pattern of the brand to be detected are included in the brand information base, and information such as the use position (i.e., the first position) of the brand to be detected and the brand user is included in the industry and commerce information base, the first determination result is output as no infringement.
It should be understood that the inclusion relationship (e.g., brand name, graphic "included" in the industry and commerce information base) in the embodiments of the present application may be understood as exactly including, for example, the similarity of the information such as brand graphic and/or brand name with the brand graphic and/or brand name entered in the brand information base is 100%. The inclusion relationship may be understood as an inclusion having a high degree of similarity, and for example, the degree of similarity between the information such as the trademark figure and/or the trademark name and the trademark figure and/or the trademark name recorded in the trademark information library is 99%.
Therefore, according to the embodiment of the application, the accuracy of the verification result is improved through multiple comparison and judgment of the industrial and commercial information base and the multiple information bases of the trademark information base.
Fig. 4 is a flowchart illustrating a trademark infringement determination method according to another embodiment of the present application. FIG. 4 is an example of the embodiment of FIG. 3, and the same parts are not repeated herein, and the differences are mainly described here. As shown in fig. 4, the trademark infringement determination method includes the following.
410: the first position is compared with a second position of the trademark to be detected, which is allowed to be used, to determine whether the use of the trademark to be detected is infringing.
420: outputting a second determination result when the first location is inconsistent with the second location, wherein the second determination result comprises an infringement.
Specifically, when the trademark information (for example, trademark figure and trademark name) of the trademark to be detected is contained in the trademark information base, and the information such as the use position (i.e., the first position) and the trademark user using the trademark to be detected is not contained in the industrial and commercial information base (i.e., the store using the trademark to be detected is not authorized by the trademark owner), the determination result is infringed.
Therefore, the forecasting probability of the infringement behavior is increased through multi-azimuth matching of the industry and commerce information base and the trademark information base.
According to an embodiment of the present application, the to-be-detected trademark includes a trademark figure and/or a trademark name, wherein determining information of a corresponding trademark owner from a trademark information base according to the to-be-detected trademark includes: when the similarity between the trademark graph and the graph of the recorded trademark in the trademark information base reaches a first preset threshold value, determining the information of the trademark owner of the recorded trademark; and/or determining the information of the trademark person with the registered trademark when the similarity between the trademark name and the name of the registered trademark in the trademark information base reaches a second preset threshold value.
Specifically, when detecting whether or not the trademark to be detected is contained in the trademark information base, the judgment can be made by the trademark figure and/or the trademark name included in the trademark to be detected.
The preset threshold values (e.g. the first preset threshold value and the second preset threshold value) may be in the form of probabilities, e.g. the similarity is up to a predetermined probability value (e.g. 98%). The preset threshold may also be a scoring system, such as similarity up to a predetermined score (e.g., 99 points). The preset threshold is not specifically limited in the embodiments of the present application, and any threshold that can be determined according to a certain rule should be within the scope protected by the embodiments of the present application.
In one example, the trademark to be detected may include a trademark graphic. The trademark figure is compared with the pattern of the registered trademark in the trademark information base. The way of this comparison may be: firstly, dividing the trademark graph into corresponding trademark categories (such as 45-category trademarks of trademark international classification, 10-category medical instruments); then, comparing under the category corresponding to the trademark image, simultaneously detecting forbidden patterns in the trademark image, and detecting whether forbidden icons are contained; finally, when the trademark graph does not contain the prohibited icon and the similarity of the trademark graph and the graph of the registered trademark of the trademark information base is up to a first preset threshold (for example, 99 percent), the trademark graph is determined to be contained in the trademark information base.
In one example, the trademark to be detected may include a trademark name. The brand name is compared with the name of the entered brand in the brand information base. The way of this comparison may be: firstly, dividing the trademark name into corresponding trademark categories; then, comparing under the category corresponding to the trademark, detecting forbidden words in the trademark name, and detecting whether the forbidden words, such as the name of a blast; finally, when the trademark name does not contain the forbidden word and the similarity between the trademark name and the name of the registered trademark in the trademark information base is up to a second preset threshold (for example, 99%), the trademark name is determined to be contained in the trademark information base.
Therefore, the trademark graph and the name are compared at the same time, the trademark comparison accuracy is improved, and the judgment error probability is reduced.
Fig. 5 is a flowchart illustrating a trademark infringement determination method according to another embodiment of the present application. FIG. 5 is an example of the embodiment of FIG. 4, and the same parts are not repeated herein, and the differences are mainly described here. As shown in fig. 5, the trademark infringement determination method includes the following.
510: the first position is compared with a second position of the trademark to be detected, which is allowed to be used, to determine whether the use of the trademark to be detected is infringing.
520: and outputting a second determination result when the first position is inconsistent with the second position, wherein the second determination result comprises infringement.
530: and determining whether the trademark using position of the industrial and commercial information base corresponding to the trademark to be detected and the information of the trademark user are consistent with the information of the trademark and the trademark owner in the trademark information base.
Specifically, the trademark owner may be a trademark applicant, and may also be a trademark licensee granted trademark rights to use a trademark by a trademark applicant.
In one example, it is determined whether the trademark user entered in the industry and commerce information base is the same as the trademark owner in the trademark information base. For example, whether a trademark user using the same trademark store address to be detected is consistent with a trademark owner is detected and determined, and the condition that the industrial and commercial information base is not changed in time and misjudgment is caused due to the fact that the trademark owner is changed (for example, a trademark applicant is changed to grant the trademark using right) is prevented.
In one example, it is determined whether the trademark use location in the industry and commerce information base is the same as the location registered for use by the trademark owner in the trademark information base. That is, whether the shop address of the store registered by the trademark owner is changed or not is compared, and the condition that the business information base is not changed in time and the misjudgment behavior is caused due to the change of the use position of the trademark (for example, the change of the shop address information) is prevented.
540: and when the determined information is inconsistent, outputting a second determination result, wherein the second determination result also comprises the contents in the industry and commerce information base and the trademark information base corresponding to the trademark to be detected for the reference of the user.
Specifically, the second determination result may further include changed information, such as changed trademark person information and/or changed trademark using location information, on the basis of the second determination result output in step 520, for the user to refer to and determine whether there is infringement behavior in the store at the first location.
It should be appreciated that, referring to fig. 6, when the determined information is consistent, a second determination result is output, wherein the second determination result includes a hint that the right has been infringed. That is, when the determined information is consistent, that is, the trademark owner has not granted the use right to use the store of the trademark to be detected and/or the change of the information (such as the trademark owner and the use position of the trademark) has not occurred, that is, the legal person using the store of the trademark to be detected has an infringement.
Therefore, the embodiment of the application can prevent misjudgment caused by the fact that the shop address is changed or the applicant is not changed and the business data is not updated in time by further comparing the contents in the trademark information base and the business information base.
According to an embodiment of the present application, the trademark to be detected further includes a third position that is allowed to be used; the method further comprises the following steps: determining whether the use of the trademark to be detected at the third position infringes or not according to the permitted fourth position provided by the trademark use information base; and when the use infringement of the trademark to be detected at the third position is determined, the server sends a third determination result to the user equipment.
In an embodiment, this embodiment may be combined with the above-described embodiments. For example, referring to fig. 7 (i.e., a combination of the embodiment of fig. 3 and this embodiment), when it is determined that the trademark to be detected is not infringed, it is further predicted whether there is infringement behavior of the third position. For example, referring to fig. 8 (i.e., a combination of the embodiment of fig. 4 and this embodiment), when it is determined that the trademark to be detected has been infringed, it is also necessary to further predict whether there is infringement behavior of the third position.
Specifically, the server may include a trademark database, and the trademark database may include a trademark usage information base in addition to the trademark information base and the industry and commerce information base. The server may also include a plurality of information bases, such as a trademark use information base, for querying the application conditions of the online website and the offline store of the trademark to be detected.
In an example, taking fig. 7 as an example, a detailed description is given of a trademark infringement determination method provided in an embodiment of the present application.
710: the first position is compared with a second position of the trademark to be detected, which is allowed to be used, to determine whether the use of the trademark to be detected is infringing.
720: when the first position is consistent with the second position, outputting a first determination result, wherein the first determination result comprises non-infringement.
Specifically, steps 710 and 720 are substantially the same as steps 310 and 320 in fig. 3, and please refer to the description of fig. 3 for details, which is not described herein again to avoid repetition.
730: and determining whether the use of the trademark to be detected at the third position is infringed according to the permitted fourth position provided by the trademark use information base.
Specifically, the trademark use information base is used for inquiring the application conditions of an online website and an offline store of the trademark to be detected. The trademark use information base comprises a fourth position where the trademark to be detected is allowed to be used.
The third position may be understood as a position where the remaining trademarks to be detected are allowed to be used, except for the first position. The third position may be a position where the trademark to be detected closest to the first position is allowed to be used. The third position may also be a position in which any one of the trademarks to be detected within a predetermined range is permitted to be used. The acquisition of the third location may be determined by a store address displayed within a navigation onboard the user device.
The predetermined range may be a region range drawn by the user in advance, for example, a circular region with a radius of 10 km centered around the first position. The predetermined range may be selected according to administrative districts, such as a district, a county, etc. When online, the predetermined range may also be ranked according to the click rate of the user, and the first website is ranked, which is not specifically limited in this embodiment of the present application.
In an example, whether infringement action exists is determined by comparing whether the third location and the fourth location are consistent. And when the third position is inconsistent with the fourth position, the server sends a third determination result to the user equipment to remind the user that infringement possibly exists in the third position information.
It should be understood that the third position and the fourth position in the embodiment of the present application may be one or more, for example, a plurality of third positions are included in a predetermined range, and a plurality of fourth positions are included in the trademark usage information base. 740: and when the use infringement of the trademark to be detected at the third position is determined, the server sends a third determination result to the user equipment.
Specifically, the identification of the third determination result may be determined by comparing an address of a store displayed in the navigation of the user equipment with an address recorded in the trademark usage information base. When the two addresses are not unified, the information is output as a third determination result for the user to refer to.
It should be understood that the determination results (i.e., the first determination result and the third determination result) may be simultaneously transmitted to the user equipment, or the first determination result and the second determination result may be transmitted, and the transmission order is not specifically limited in the embodiment of the present application.
It should also be appreciated that, since there may be a plurality of third locations and a plurality of fourth locations, a plurality of pieces of predicted infringement behavior information may be included in the third determination result. The user can also select the information for confirming the infringement as feedback information based on a plurality of pieces of predicted infringement behavior information contained in the third determination result, and the information is sent to the server, and the server updates the authorization or permission addresses of the trademarks in the industry and commerce information base and the trademark information base according to the feedback information, so that the input information in the trademark database is perfected.
In an example, when it is determined that there is no infringement behavior of the third position, the third determination result is not output.
Therefore, the trademark infringement behavior of the trademark which is not the current position information of the trademark to be detected is predicted through the trademark use information base, the judgment on the trademark infringement behavior of the trademark which is not the current position information of the trademark to be detected is strengthened, law enforcement personnel can have more pertinence on subsequent work of the trademark to be detected, and for example, the predicted infringement behavior displayed according to the third determination result can be further examined.
Fig. 9 is a schematic structural diagram of a trademark infringement determination device according to an embodiment of the present application. As shown in fig. 9, the trademark infringement determination apparatus 900 includes: a receiving module 910, an extracting module 920, and a determining module 930.
A receiving module 910, configured to receive a target image sent by a user equipment and a first position of a to-be-detected trademark when the to-be-detected trademark is used, where the target image includes the to-be-detected trademark; an extracting module 920, configured to extract a trademark to be detected from the target image; a determining module 930 for comparing the first position with a second position where the trademark to be detected is allowed to be used to determine whether the use of the trademark to be detected is infringing.
The embodiment of the application provides a trademark infringement determining method and device, and the target image containing a trademark to be detected is uploaded at any time and any place and uploaded to a server for infringement confirmation, so that the behavior of trademark infringement judgment is not limited by time and space, the working efficiency is improved, and the time cost is reduced.
According to one embodiment of the application, the information of the corresponding trademark owner is determined from the trademark information base according to the trademark to be detected; and determining the second position from the industrial and commercial information base according to the information of the trademark ticket person.
According to an embodiment of the present application, the determining module 930 is configured to output a first determination result when the first location coincides with the second location, where the first determination result includes non-infringement; and outputting a second determination result when the first position is inconsistent with the second position, wherein the second determination result comprises infringement.
According to an embodiment of the present application, the to-be-detected trademark includes a trademark figure and/or a trademark name, wherein determining information of a corresponding trademark owner from a trademark information base according to the to-be-detected trademark includes: when the similarity between the trademark graph and the graph of the recorded trademark in the trademark information base reaches a first preset threshold value, determining the information of the trademark owner of the recorded trademark; and/or determining the information of the trademark person with the registered trademark when the similarity between the trademark name and the name of the registered trademark in the trademark information base reaches a second preset threshold value.
According to an embodiment of the present application, the determining module 930 is configured to, when the first location is inconsistent with the second location, obtain the second determination result further including contents in an industry and commerce information base and a trademark information base corresponding to the trademark to be detected, so as to be referred by a user.
According to an embodiment of the present application, the trademark to be detected further includes a third position that is allowed to be used; the method further comprises the following steps: determining whether the use of the trademark to be detected at the third position infringes or not according to the permitted fourth position provided by the trademark use information base; and when the use infringement of the trademark to be detected at the third position is determined, the server sends a third determination result to the user equipment.
It should be understood that, for specific working processes and functions of the receiving module 910, the extracting module 920 and the determining module 930 in the foregoing embodiments, reference may be made to the description of the trademark infringement determining method provided in the foregoing embodiments of fig. 2 to 8, and in order to avoid repetition, details are not repeated herein.
Fig. 10 is a schematic structural diagram of a trademark infringement determination device according to an embodiment of the present application. As shown in fig. 10, the trademark infringement determination apparatus 1000 includes: an acquisition module 1010 and a sending module 1020.
The acquisition module 1010 is used for acquiring a target image, wherein the target image comprises a trademark to be detected and determining a first position of the trademark to be detected when the trademark to be detected is used; a sending module 1020, configured to send the target image and the first location of the to-be-detected trademark when used to the server, so that the server extracts the to-be-detected trademark from the target image, and compares the first location with the second location of the to-be-detected trademark, which is allowed to be used, to determine whether the to-be-detected trademark is infringing in use.
The embodiment of the application provides a trademark infringement determining method and device, and the target image containing a trademark to be detected is uploaded at any time and any place and uploaded to a server for infringement confirmation, so that the behavior of trademark infringement judgment is not limited by time and space, the working efficiency is improved, and the time cost is reduced.
According to an embodiment of the present application, the obtaining module 1010 is configured to capture, by a user equipment, a target image using a to-be-detected trademark at a first location, where the method further includes: the user device presents the determination results on a user interface for reference by the user.
It should be understood that, for the specific working processes and functions of the obtaining module 1010 and the sending module 1020 in the foregoing embodiment, reference may be made to the description in the trademark infringement determination method provided in the foregoing embodiment of fig. 1, and in order to avoid repetition, details are not described here again.
Fig. 11 is a block diagram of an electronic device 1100 for a trademark infringement determination method according to an embodiment of the present application.
Referring to fig. 11, electronic device 1100 includes a processing component 1110 that further includes one or more processors, and memory resources, represented by memory 1120, for storing instructions, such as application programs, that are executable by processing component 1110. The application programs stored in memory 1120 may include one or more modules that each correspond to a set of instructions. Further, processing component 1110 is configured to execute instructions to perform the trademark piracy determination methods described above.
The electronic device 1100 may also include a power component configured to perform power management of the electronic device 1100, a wired or wireless network interface configured to connect the electronic device 1100 to a network, and an input-output (I/O) interface. The electronic device 1100 may be operated based on an operating system stored in the memory 1120, such as Windows ServerTM，Mac OS XTM，UnixTM，LinuxTM，FreeBSDTMOr the like.
A non-transitory computer readable storage medium having instructions stored thereon that, when executed by a processor of the electronic device 1100, enable the electronic device 1100 to perform a trademark infringement determination method that includes: the method comprises the steps that a server receives a target image and a first position of a trademark to be detected when the trademark to be detected is used, wherein the target image comprises the trademark to be detected; extracting a trademark to be detected from a target image; comparing the first position with a second position where the trademark to be detected is allowed to be used to determine whether the use of the trademark to be detected is infringing; or the user equipment acquires a target image, the target image comprises a trademark to be detected, and determines a first position of the trademark to be detected when the trademark to be detected is used; and sending the target image and the first position of the trademark to be detected when the trademark to be detected is used to the server so that the server extracts the trademark to be detected from the target image and compares the first position with the second position of the trademark to be detected, which is allowed to be used, to determine whether the trademark to be detected is infringed in use.
All the above optional technical solutions can be combined arbitrarily to form optional embodiments of the present application, and are not described herein again.
Those of ordinary skill in the art will appreciate that the various illustrative elements and algorithm steps described in connection with the embodiments disclosed herein may be implemented as electronic hardware or combinations of computer software and electronic hardware. Whether such functionality is implemented as hardware or software depends upon the particular application and design constraints imposed on the implementation. Skilled artisans may implement the described functionality in varying ways for each particular application, but such implementation decisions should not be interpreted as causing a departure from the scope of the present application.
It is clear to those skilled in the art that, for convenience and brevity of description, the specific working processes of the above-described systems, apparatuses and units may refer to the corresponding processes in the foregoing method embodiments, and are not described herein again.
In the several embodiments provided in the present application, it should be understood that the disclosed system, apparatus and method may be implemented in other ways. For example, the above-described apparatus embodiments are merely illustrative, and for example, the division of the units is only one logical division, and other divisions may be realized in practice, for example, a plurality of units or components may be combined or integrated into another system, or some features may be omitted, or not executed. In addition, the shown or discussed mutual coupling or direct coupling or communication connection may be an indirect coupling or communication connection through some interfaces, devices or units, and may be in an electrical, mechanical or other form.
The units described as separate parts may or may not be physically separate, and parts displayed as units may or may not be physical units, may be located in one place, or may be distributed on a plurality of network units. Some or all of the units can be selected according to actual needs to achieve the purpose of the solution of the embodiment.
In addition, functional units in the embodiments of the present application may be integrated into one processing unit, or each unit may exist alone physically, or two or more units are integrated into one unit.
The functions, if implemented in the form of software functional units and sold or used as a stand-alone product, may be stored in a computer readable storage medium. Based on such understanding, the technical solution of the present application or portions thereof that substantially contribute to the prior art may be embodied in the form of a software product stored in a storage medium and including instructions for causing a computer device (which may be a personal computer, a server, or a network device) to execute all or part of the steps of the method according to the embodiments of the present application. And the aforementioned storage medium includes: various media capable of storing program check codes, such as a U disk, a removable hard disk, a Read-Only Memory (ROM), a Random Access Memory (RAM), a magnetic disk or an optical disk.
In the description herein, references to the description of the terms "one embodiment," "some embodiments," "an example" or the like are intended to mean that a particular feature, structure, material, or characteristic described in connection with the embodiment or example is included in at least one embodiment or example of the application. In this specification, the schematic representations of the terms used above do not necessarily refer to the same embodiment or example. Furthermore, the particular features, structures, materials, or characteristics described may be combined in any suitable manner in any one or more embodiments or examples.
Unless defined otherwise, all technical and scientific terms used herein have the same meaning as commonly understood by one of ordinary skill in the art to which this application belongs. The terminology used herein in the description of the present application is for the purpose of describing particular embodiments only and is not intended to be limiting of the application. As used herein, the term "and/or" includes any and all combinations of one or more of the associated listed items.
Furthermore, in the description of the present application, the terms "first," "second," "third," and the like are used for descriptive purposes only and are not to be construed as indicating or implying relative importance. In addition, in the description of the present application, "a plurality" means two or more unless otherwise specified.
The above description is only exemplary of the present application and should not be taken as limiting the present application, as any modifications, equivalents and the like that are within the spirit and principle of the present application should be included in the scope of the present application.

Claims (11)

1. A trademark infringement determination method, comprising:
the method comprises the steps that a server receives a target image and a first position of a trademark to be detected when the trademark to be detected is used, wherein the target image comprises the trademark to be detected;
the server extracts the trademark to be detected from the target image;
the server compares the first position with a second position where the trademark to be detected is allowed to be used to determine whether the use of the trademark to be detected is infringing.
2. A trademark infringement determination method as defined in claim 1, further comprising:
determining the information of a corresponding trademark owner from a trademark information base according to the trademark to be detected;
and determining the second position from an industrial and commercial information base according to the information of the trademark ticket person.
3. A trademark infringement determination method as claimed in claim 2, wherein said server compares said first location with a second location of said trademark to be detected that is permitted to be used, to determine whether use of said trademark to be detected is infringed, including:
outputting a first determination result when the first location coincides with the second location, wherein the first determination result includes no infringement;
outputting a second determination result when the first location is inconsistent with the second location, wherein the second determination result comprises an infringement.
4. A trademark infringement determination method as claimed in claim 3, wherein said trademark to be detected includes a trademark figure and/or a trademark name,
wherein, the determining the information of the corresponding trademark owner from the trademark information base according to the trademark to be detected comprises the following steps:
when the similarity between the trademark graph and the graph of the recorded trademark in the trademark information base reaches a first preset threshold value, determining the information of the trademark owner of the recorded trademark; and/or
And when the similarity between the trademark name and the name of the registered trademark in the trademark information base reaches a second preset threshold value, determining the information of the trademark owner of the registered trademark.
5. A trademark infringement determination method according to claim 3, wherein when the first position is inconsistent with the second position, the second determination result further includes changed information in the trade information base and the trademark information base corresponding to the trademark to be detected for reference by a user,
wherein the changed information includes information of the changed trademark owner and/or changed trademark using position information.
6. A trademark infringement determination method as claimed in any one of claims 3 to 5, wherein said trademark to be detected further includes a third position permitted to be used;
the method further comprises the following steps:
determining whether the use of the trademark to be detected at the third position infringes or not according to a fourth position allowed to be used and provided by a trademark use information base;
and when determining the use infringement of the trademark to be detected at the third position, the server sends a third determination result to the user equipment.
7. A trademark infringement determination method, comprising:
the method comprises the steps that user equipment obtains a target image, wherein the target image comprises a trademark to be detected, and a first position of the trademark to be detected when the trademark to be detected is used is determined;
the user equipment sends the target image and the first position of the trademark to be detected when the trademark to be detected is used to a server, so that the server can extract the trademark to be detected from the target image and compare the first position with the second position of the trademark to be detected, and whether the trademark to be detected is used infringedly or not is determined.
8. A trademark infringement determination method as claimed in claim 7, wherein said user equipment acquires a target image comprising:
the user equipment shoots the target image using the trademark to be detected at the first position,
wherein the method further comprises: the user device presents the determination results on a user interface for reference by a user.
9. A trademark infringement determination apparatus comprising:
the device comprises a receiving module, a judging module and a display module, wherein the receiving module is used for receiving a target image sent by user equipment and a first position of a trademark to be detected when the trademark to be detected is used, and the target image comprises the trademark to be detected;
the extraction module is used for extracting the trademark to be detected from the target image;
the determining module is used for comparing the first position with a second position where the trademark to be detected is allowed to be used so as to determine whether the trademark to be detected is infringing in use.
10. A trademark infringement determination apparatus comprising:
the device comprises an acquisition module, a display module and a display module, wherein the acquisition module is used for acquiring a target image, the target image comprises a trademark to be detected and determining a first position of the trademark to be detected when the trademark to be detected is used;
the sending module is used for sending the target image and a first position of the trademark to be detected when the trademark to be detected is used to a server, so that the server can extract the trademark to be detected from the target image and compare the first position with a second position of the trademark to be detected, and whether the trademark to be detected is used infringedly or not is determined.
11. An electronic device, comprising:
a processor;
a memory for storing the processor-executable instructions,
wherein the processor is configured to perform the trademark infringement determination method of any of claims 1-8 above.
CN202011199673.6A 2020-11-02 2020-11-02 Trademark infringement determining method and device Pending CN112037088A (en)

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