Penalty standards for infringement of exclusive rights to registered trademarks

Infringement of trademark exclusive rights may lead to the following three types of legal sanctions: first, triggering litigation activities by the right holder; second, being forced to bear liability for infringement compensation; finally, suffering administrative consequences due to complaints from the right holder or administrative investigations by the competent authorities. Property losses such as fines, temporary detention, and seizure of infringing products. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Penalty standards for infringement of exclusive rights to registered trademarks

The legal sanctions that may be faced by infringing the exclusive rights of others’ trademarks mainly include the following three aspects: First, triggering rights If a person files a lawsuit, he or she will be liable for infringement damages; secondly, the infringement will cause the right holder to file a complaint or the competent department will conduct an administrative penalty investigation, and may in turn suffer economic losses such as administrative fines, detention, or even the seizure of infringing products; finally, In more serious cases, criminal laws related to trademarks may be violated, such as the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks, and the crime of illegally manufacturing and selling illegally manufactured registered trademarks, etc. This may result in the imposition of fixed-term imprisonment, criminal detention or even surveillance, as well as fines.

Article 52 of the Trademark Law

Whoever uses an unregistered trademark as a registered trademark, or uses an unregistered trademark in violation of the provisions of Article 10 of this Law, shall be punished by The local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may issue a notice. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of 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 may be imposed. If the amount exceeds 10,000 yuan, a fine of not more than 10,000 yuan may be imposed.

Article 61 of the Trademark Law

For infringement of the exclusive rights of registered trademarks, the industrial and commercial administrative departments have the right to investigate and deal with them in accordance with the law; if they are suspected of committing a crime, they should be promptly transferred to the judiciary The authorities shall handle the matter in accordance with the law

Article 213 of the Criminal Law

Using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner , if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

2. How to determine trademark infringement

Any behavior that infringes upon the registered trademark rights of other individuals or organizations is prohibited. Constituting trademark infringement

According to Article 1 of the Trademark Law promulgated by the State Intellectual Property Office. According to the provisions of Article 57, any of the following behaviors can be regarded as infringement of the exclusive rights of registered trademarks:

(1) Using the same logo as the registered trademark of the other party on the same type of products without the legal authorization of the party that owns the registered trademark;

(2) Using the trademark registered by the registered trademark holder on the same type of goods without the permission of the registered trademark holderMarking extremely similar logos or using logos that are identical or similar to registered trademarks on similar types of goods can easily cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Forgery or unauthorized production of other people’s registered trademarks or sale of counterfeit or unauthorized production of registered trademarks;

(5) Without the consent of the registered trademark holder, arbitrarily change the registered trademark and use the changed trademark logo for the reproduction of goods, re- Put on the market;

(6) Intentionally assisting in infringement of the exclusive rights of others’ registered trademarks occurrence, provide various convenient conditions;

(7) Make others’ registered trademarks exclusive rights suffer other forms of damage other than those mentioned above.