1. How much is the general fine for trademark infringement by self-employed individuals
As for the punitive measures and the amount of fines for individual industrial and commercial households involved in trademark infringement cases, we usually make decisions based on the actual situation. Different judgments and treatments are carried out. For detailed regulations, please refer to the following content: When an individual industrial and commercial household's illegal business volume due to trademark infringement reaches 50,000 yuan or more, the relevant departments will have the right to impose a fine of less than five times the illegal business volume in accordance with the law. Fine; if the individual industrial and commercial household does not have substantial illegal business volume or its illegal business volume has not reached the level of 50,000 yuan, then the corresponding penalty may be a fine of up to 250,000 yuan or less.For those who have committed two or more trademark infringements in the past five years We will take more stringent punitive measures for individual industrial and commercial households who have committed serious crimes or have other serious circumstances, that is, heavier penalties.
Trademark Law
Article 60
If there is any infringement of the exclusive right to use a registered trademark as listed in Article 57 of this Law, and a dispute arises, it shall be resolved through negotiation between the parties; If the trademark registrant or interested party is unwilling to negotiate or fails to reach an agreement, the trademark registrant or interested party may file a lawsuit with the People's Court, or may request the industrial and commercial administrative department to handle the matter. If the infringement is determined to be established, the trademark registrant or interested party shall be ordered to immediately stop the infringement and confiscate the infringement. , Destroy infringing goods and tools mainly used to manufacture infringing goods or counterfeit registered trademarks. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine may be imposed. If the amount exceeds 250,000 yuan, a fine of not more than 250,000 yuan may be imposed. If it is a product that infringes upon the exclusive right to use a registered trademark, and it can be proven that the product was obtained legally and the supplier is stated, the industrial and commercial administrative department shall order the sale of the product to be stopped. For disputes over the amount of compensation for infringement of the exclusive right to use a registered trademark, the parties may request the industrial and commercial administration to handle the dispute. The administrative department may mediate or file a lawsuit in the People's Court. If the parties fail to reach an agreement after mediation by the industrial and commercial administrative department or fail to perform the mediation agreement after it becomes effective, the parties may file a lawsuit in the People's Court.
2. The evidence required to sue for trademark infringement is: Which
When it comes to suing for trademark infringement, generally The legal procedures require you to prepare and provide the following types of evidence: evidence to prove the occurrence of trademark infringement and the extent of the damage caused; evidence to prove that you are the holder of legal rights and the specific scope and content of those rights. Evidence; relevant evidence used to prove the specific location of the place where the infringement was committed; and evidence used to prove the economic benefits obtained by the infringing party due to the infringement during the implementation of the infringement, or the losses suffered by the infringed party during the period when the infringement was suffered. Relevant evidence of economic losses
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