How to resolve trademark infringement disputes
Article 60 includes infringement registrations listed in Article 57 of this Law If a dispute arises from one of the trademark exclusive activities, the parties shall resolve it 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.
What are the infringements in trademark infringement disputes
According to Article 57 of my country’s current Trademark Law , any of the following acts is considered trademark infringement.
①Use without permission. Using a trademark that is identical or similar to a registered trademark on the same or similar goods without the permission of the trademark registrant. Its main manifestations are using other people's registered trademarks on the goods produced or sold by oneself, causing confusion about the source of the goods, damaging the reputation of the registered trademark, and infringing upon the rights that should belong to the registrar.The bid owner lost part of the market and the benefits he deserved, and at the same time deceived consumers.
②Selling goods that infringe the exclusive rights of registered trademarks. Knowingly selling goods with counterfeit registered trademarks, the "sales" referred to here include inquiry, contract signing, purchase and warehousing, transportation, exhibition promotion, wholesale and retail and other related sales activities.
③Forgery or unauthorized manufacture of registered trademarks of others or selling forged or unauthorized registered trademarks of others. Counterfeiting or unauthorized manufacture or sale of paper, stickers, packaging, etc. with registered trademarks.
④ Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market. This behavior is known as trademark "reverse passing off". Generally speaking, it refers to the behavior of the owner of a famous brand trademark purchasing non-famous brand trademark goods at a low price, tearing off the non-famous brand trademark and replacing it with his own famous brand trademark, and then putting it on the market to sell it at a high price.
⑤ Acts that cause other damage to the exclusive right to use registered trademarks of others.
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