How to deal with trademark infringement
For those who infringe the exclusive rights of registered trademarks, according to the "Trademark Law", "Trademark The Implementing Rules of the Law stipulate that the industrial and commercial administrative organs may take the following measures to impose penalties.
(1) Order to stop infringement
The specific measures are as follows:
①Order to stop sales immediately;
②Confiscate and destroy infringing goods;
③ Confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks.
(2) Imposing a fine
(3) Mediate on the amount of compensation for infringement of trademark exclusive rights
The industrial and commercial administrative department that handles the case may mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties. If mediation fails, the parties may file a lawsuit in the People's Court in accordance with the law. .
What are the trademark infringements:
Any of the following acts constitutes trademark infringement:
(1) Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant, which may cause confusion;
(2) Selling goods that infringe registered trademark rights;
(3) Forging or making without authorization a trademark logo that is the same as or similar to another’s registered trademark logo, or Selling counterfeit or unauthorized logos that are identical or similar to others’ registered trademarks;
(4) Replace the trademark without the consent of the trademark registrant Register a trademark and put the goods with the changed trademark into the market;
(5) Using a mark that is identical or similar to another’s registered trademark as a trade name or product decoration on the same or similar goods, misleading the public;
(6) Intentionally providing warehousing, transportation, mailing, concealment, processing, production tools, Production technology or business premises and other convenient conditions;
(7) Using words that are the same or similar to others’ registered trademarks as the company’s trade name on the same or similar goods, or using them in other ways to highlight its identification function, which is likely to cause misunderstanding by the relevant public;
(8) Copying, imitating, or translating well-known trademarks registered by others Or its main part is used as a trademark on different or dissimilar goods, misleading the public, causing the interests of the registrant of the well-known trademark to be potentially damaged;
(9) Register words that are the same as or similar to others’ registered trademarks as domain names, and use the domain names to promote related products or E-commerce for commodity transactions can easily cause misunderstandings among the relevant public.
(10) Causing other damage to the exclusive right to use registered trademarks of others.
Article 63 of the "Trademark Law of the People's Republic of China" for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine , can be determined based on the benefits obtained by the infringer due to the infringement; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be reasonably determined with reference to a multiple of the trademark license fee. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, it may be determined The amount of compensation shall be determined between one time and five times the amount determined according to the above method. The amount of compensation shall include the reasonable expenses paid by the right owner to stop the infringement.
In order to determine the amount of compensation, the people's court must provide evidence to the best of its ability, and the account books and information related to the infringement are mainly controlled by the infringer. Under such circumstances, the infringer may be ordered to provide account books and materials related to the infringement; if the infringer fails to provide or provides false account books and materials, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
The actual losses suffered by the right holder due to the infringement, the infringer If it is difficult to determine the benefits obtained from infringement or the license fee for registered trademarks, 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 goods that are counterfeit registered trademarks, except in special circumstances. Destroy; for materials and tools mainly used to manufacture goods with counterfeit registered trademarks, order them to be destroyed without compensation; or in special circumstances, order them to prohibit the aforementioned materials and tools from entering commercial channels without compensation.
Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.
In practice, the trademark infringement of others must first be determined before they can be punished accordingly. The specific methods of punishment have been discussed above by the editor of Legal Savior. I hope this content will be helpful to you. If you have any questions, you can consult the online lawyers on the Legal Savior Network. They will solve practical problems for you based on your situation.