1. Fine for trademark infringement, how much is the fine?
Registration for infringement If the exclusive right to use a trademark does not constitute a crime, the industrial and commercial administration authorities may, depending on the circumstances, impose a fine of less than 50% of the illegal business revenue or less than five times the profits gained from the infringement.
The person directly responsible for the infringement unit may be fined up to 10,000 yuan depending on the circumstances.
The legal basis for penalties for trademark infringement is as follows:
The industrial and commercial administration authorities may take the following measures to to punish.
1. Order to stop infringement
①Order to stop sales immediately;
②Confiscate and destroy infringing goods;③Confiscate and destroy goods specifically used to manufacture infringing goods and counterfeit registered trademarks Tools for identification.
2. Imposition of a fine
For those who infringe the exclusive rights of registered trademarks but do not constitute a crime, The industrial and commercial administrative organs may impose a fine of less than 50% of the illegal business volume or less than five times the profits obtained from the infringement according to the circumstances; the directly responsible personnel of the infringing unit may be fined not more than 10,000 yuan according to the circumstances.
3. Mediate on the amount of compensation
The industrial and commercial administrative department handling the matter shall decide according to the parties’ If the party's request is made, the party can mediate on the amount of compensation for the infringement of the exclusive right to use the trademark. If the mediation fails, the party concerned may file a lawsuit in the People's Court in accordance with the law.
If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall award a compensation of not more than five million yuan based on the circumstances of the infringement.
The People's Court hears trademark dispute cases and, at the request of the right holder, orders the destruction of goods belonging to counterfeit registered trademarks, except in special circumstances; goods mainly used for manufacturing Materials and tools used to counterfeit goods with registered trademarks shall be ordered to be destroyed without compensation; or in special circumstances, the aforementioned materials and tools may be ordered to be prohibited from entering commercial channels without compensation.
Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.
2. What is the certification trademark registration process?
The certification trademark registration process is as follows:
Preparation of application documents
Specific requirements for documents
1. Legal BasisArticle 15 of the "Regulations on the Implementation of the Trademark Law" stipulates that trademark registration applications and other relevant documents must be typed or printed . The Trademark Office will not accept handwritten applications for certification marks or collective marks.
2. When filling in the trademark registration application, the applicant's name and seal should be completely consistent with the name approved for registration or registration. Goods or services should be filled with standardized names in accordance with the "Classification Table of Similar Goods and Services". Only one category of goods or services can be filled in one application form. If the name of the product or service is not included in the "Classification List of Similar Goods and Services", a corresponding explanation should be attached.
3. If you are applying for registration of a certification trademark, you should indicate it is a certification trademark in the "Trademark Type" column of the trademark registration application; if you are applying for registration is a collective trademark, and it should be stated in the "Trademark Type" column of the trademark registration application that it is a collective trademark
4. The document proving the applicant's subject qualifications can be the business license of the enterprise, or the approval document for the registration and establishment of a public institution or mass organization. The applicant for collective trademark registration should be an organization, which can be industrial or commercial It can also be an association, industry or other collective organization, rather than a single enterprise or individual operator.
5. Apply for a geographical indication as a collective If a trademark or certification mark is registered, the accompanying documents proving its supervisory capabilities and geographical scope of origin shall be issued by the competent business department at or above the provincial level (including provincial level).
6. The management rules for the use of certification trademarks should include the following: the purpose, meaning or purpose of using the certification trademark; the specific quality of the goods certified by the certification trademark; the conditions for the use of the trademark; the rights, obligations and Responsibility for violating the rules; the registrant’s inspection and supervision system for goods using the certification mark.
In summary, trademark infringement is a civil dispute , if the situation is particularly serious, the parties can resolve the problem through litigation. Then the infringer will need to bear criminal responsibility and may be sentenced to criminal detention.I hope the above content can help you It is helpful. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
