How does the law stipulate the handling of trademark infringement
Article 60 includes Article 57 of this Law If any of the listed acts of infringement of the exclusive right to use a registered trademark causes a dispute, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.
If the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used to manufacture infringing goods, and forge registration For tools marked with 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" File a lawsuit with the People's Court. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not 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.
Article 57 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:
(1) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;
(2) Without trademark registration Use a trademark that is similar to the registered trademark on the same product, or use a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion; (3) Selling products that infringe the exclusive rights of the registered trademark;
(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;
(5) Without the consent of the trademark registrant, replace the registered trademark and put the goods with the replaced trademark on the market;
(6) Intentionally infringing on the exclusive rights of others Providing convenient conditions to help others commit acts of infringement of trademark exclusive rights;
(7) Causing other damage to others' registered trademark exclusive rights.
Trademarks are used by producers and operators of goods on the goods they produce, manufacture, process, select or distribute, or by service providers on the services they provide. A sign with distinctive features that is used to distinguish the source of goods or services and is composed of words, graphics, letters, numbers, three-dimensional signs, sounds, colors, or a combination of the above elements, and is a product of the modern economy. In the commercial field, trademarks include words, graphics, letters, numbers, three-dimensional logos and color combinations, as well as combinations of the above elements, which can be applied for registration as trademarks. Trademarks approved and registered by the state are "registered trademarks" and are protected by law. Trademarks protect trademark registrants by ensuring that they have the exclusive right to identify goods or services, or to license others to use them for remuneration.
The editor of Legal Savior Network reminds you that trademark infringement is an act that damages the legitimate rights and interests of others. Therefore, our country has clear penalty standards for trademark infringement. The above is I have summarized the relevant information for you, I hope it can help you. This website is committed to building an excellent legal consultation platform. If you still have questions, you are welcome to consult with a lawyer.
