Article 60: If a dispute arises due to any of the acts that infringe on the exclusive right to use a registered trademark as listed in Article 57 of this Law, the parties shall negotiate If the dispute is not resolved through negotiation 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 administration 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 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.
Civil litigation procedures are applicable to the litigation settlement of trademark infringement cases.
Submit a lawsuit to the People's Court, and submit copies according to the number of defendants; the lawsuit must have a clear defendant, that is, the trademark infringer, and have specific prosecution requirements, such as Stop the infringement and request a certain amount of compensation with facts and reasons. That is, when filing a lawsuit, you should attach relevant supporting documents of the registered trademark and evidence materials proving the infringement of the infringement;
The prosecution must be within the scope of the People's Court and the management of the People's Court subject to the lawsuit, and the court that is most beneficial to the party should be selected within the scope of the law; the prosecution must be filed within the statute of limitations stipulated in the law, that is, since the trademark owner The person knows or should know that the exclusive right to trademark has been infringed upon by another person to file a lawsuit within 2 years.
In addition, trademark infringement cases are relatively complex, and the parties can entrust 1 to 2 agents to participate in the litigation. Choose someone from a trademark agency or a lawyer who is proficient in trademark law to file the lawsuit.Litigation agents are very important to effectively protect the legitimate rights and interests of the parties.
2. Hearing
The people's court shall file and accept a lawsuit that meets the legal requirements upon review. When hearing trademark infringement cases, legal procedures must be followed. Through the trial of trademark infringement cases, the People's Court ascertains the facts of the case, distinguishes right from wrong, and clarifies responsibilities. On this basis, it makes a judgment on the focus of the dispute between the two parties, namely whether it constitutes infringement, whether compensation should be paid, and the amount of compensation.
3. Property preservation
Property preservation is a very important issue in trademark infringement litigation. According to the law Correctly taking preservation measures is of great significance to safeguarding the legitimate rights and interests of the infringed party. Therefore, property preservation is often used in trademark infringement lawsuits.
Property preservation refers to the timely and effective protection of the legitimate rights and interests of closely related parties or parties. Compulsory measures to restrict the disposal or transfer of relevant property are taken at the request of the parties or on their own initiative and ex officio. Property preservation includes litigation property preservation and pre-litigation property preservation, which are applicable to different legal situations.
4. Execution
Execution is the final stage of the litigation process, and it is also the time when the rights and interests of the parties who win the lawsuit can be restored. important way to achieve this. According to the provisions of the Trademark Law, if the party concerned is dissatisfied with the decision of the industrial and commercial administration department to impose a fine, he may file a lawsuit with the People's Court within fifteen days of receiving the notice; if he deceives and fails to prosecute and perform, the relevant industrial and commercial administrative department shall apply to the People's Court for deception. Court enforced.
If the people's court finds that there is indeed an error in the decision, it will not be implemented with the approval of the president and the administrative agency will be notified; if there is no error, it will be enforced and the party concerned will Deliver a fine. If the party concerned does not voluntarily pay the fine, the people's court may issue a notice, forcibly transfer the fine from the bank, or adopt enforcement measures such as seizure and auction. Compensation fees for trademark infringement are also enforceable.