1. How to punish trademark infringement and how much the fine is
For infringement For the exclusive right to register a trademark, according to Article 60 of the Trademark Law and Article 82 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
(1) Order to stop sales immediately ;
(2) Confiscate and destroy infringing goods;
(3) Confiscate and destroy tools specifically used to manufacture infringing goods and counterfeit Registered trademarks.
2. Imposition of a fine
If the industrial and commercial administrative department determines that the infringement is established when handling it , order an immediate cessation of infringement, confiscate and destroy infringing goods and 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, If the amount of illegal business 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.
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
The industrial and commercial affairs department handling the matter Administrative 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.
2. What are the circumstances of infringement of exclusive rights to registered trademarks
(1) Using the same trademark as the registered trademark on the same kind of goods without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant, it is easy to use a trademark that is similar to its registered trademark on the same kind of goods, or use a trademark that is the same or similar to its registered trademark on similar goods. Causing confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks;
(5) Without the consent of the trademark registrant , replaces its registered trademark and puts the goods with the changed trademark into the market;
(6) Intentionally providing facilities and helping to infringe on the exclusive rights of others' trademarks Others commit acts that infringe upon the exclusive right to use a trademark;
(7) Cause other damage to the exclusive right to use a registered trademark of others.
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