How to characterize trademark infringements committed more than twice within five years
Carry out more than two trademark infringements within five years This constitutes trademark infringement and will be punished.
Conducting more than two trademark infringements within five years Issues of application of discretion.
Article 60 of the new Trademark Law Paragraph 2 stipulates: “Anyone who commits more than two trademark infringements within five years or has other serious circumstances shall be severely punished.” The trademark infringements here include the new Trademark Law, the Implementation Regulations of the Trademark Law, and the Judiciary of the Supreme People’s Court. The various types listed in the explanation do not require that the two trademark infringements are of the same type.
If any of the acts that infringe on the exclusive right to use a registered trademark as listed in Article 57 of this Law causes a dispute, it shall be resolved through negotiation by the parties; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may You can also file a lawsuit with the People's Court or request the industrial and commercial administrative department to handle it.
If the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to be stopped immediately, and the infringing goods and products shall be confiscated and destroyed. Tools mainly used to manufacture infringing goods and 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 of not more than 50,000 yuan may be imposed. A fine of not more than 250,000 yuan. Anyone who commits more than two trademark infringements within five years or has other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, you must be able to prove that the goods were legally acquired by you. If the supplier is also stated, the industrial and commercial administration department shall order it to stop selling.
For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the administrative department for industry and commerce, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. After mediation by the administrative department for industry and commerce, , if the parties fail to reach an agreement or fail to perform the mediation agreement after it takes effect, 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".
Article 61: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights of registered trademarks in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judiciary The agency will handle it in accordance with the law.
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