How to convict and sentence more than two trademark infringements within five years
For those who infringe the exclusive right to use registered trademarks, in accordance with Article 53 of the Trademark Law and Article 43 of the Implementing Rules of the Trademark Law, the industrial and commercial administrative authorities may take the following measures to impose penalties.
(1) Order to stop infringement
The specific measures are as follows:
① Order to stop sales immediately;
②Confiscate and destroy infringing goods;
③Confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks.
(2) Impose 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 person of the infringing unit may be fined not more than 10,000 yuan according to the circumstances.
If the party concerned is dissatisfied with the above two treatments, the party concerned may file a lawsuit in the People's Court in accordance with the "Administrative Procedure Law of the People's Republic of China" within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the industrial and commercial administration authority shall apply to the People's Court for compulsory enforcement.
(3) Mediation on the amount of compensation for infringement of trademark exclusive rights
Processing According to the industrial and commercial administration departmentAt the request of the party concerned, the amount of compensation for infringement of the exclusive right to use a trademark can be mediated through mediation. If mediation fails, the party involved can file a lawsuit in the People's Court in accordance with the law.
Legal basis: "Trademark Law"
Article 60 contains Article 5 of this Law If one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 17 causes a dispute, it shall be resolved through negotiation between the parties; 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 industrial and commercial administration. Department processing.
If the administrative department for industry and commerce determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used in the manufacture of infringing goods and counterfeit goods. Tools with 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 of not more than 250,000 yuan may be imposed . Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation from the industrial and commercial administrative department handling the matter, or may file a dispute in accordance with the Civil Procedure Law of the People's Republic of China. 》Sue in the People's Court. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it becomes effective, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
I hope that through the above content you can have a deeper understanding of some issues related to two or more trademark infringements within five years. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
