Should sellers be held liable for infringement of goods that infringe on the registered trademark rights of others?

Trademark infringement refers to the use of a trademark that is identical or similar to the Registered trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark owner from using its registered trademark and damages the legitimate rights and interests of the trademark owner. Behavior. So, should a seller be held liable for infringement of goods that infringe upon the registered trademark rights of others? The editor of Legal Savior Network will give you detailed answers.

Should the seller bear infringement liability if the seller infringes the registered trademark rights of others?

If the seller infringes the registered trademark rights of others Products should bear infringement liability.

For those who infringe the exclusive rights of registered trademarks, according to Article 57 of the Trademark Law, the industrial and commercial administrative authorities may take the following measures to impose penalties.

(1) Order to stop infringement

The specific measures are as follows:

① Order to stop sales immediately;

②Confiscate and destroy infringing goods;

③ Confiscate and destroy tools specifically used to manufacture infringing goods and counterfeit registered trademarks.

(2) Impose a fine

For those who infringe the exclusive rights of registered trademarks but do not constitute a crime, the industrial and commercial The administrative organs may impose a fine of less than 50% of the illegal business volume or less than five times the profits obtained from the infringement according to the circumstances; the directly responsible personnel of the infringing unit may be fined not more than 10,000 yuan according to the circumstances.

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 receipt of 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

Industrial and commercial administration At the request of the parties, the administrative department may mediate the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties may file a lawsuit in the People's Court in accordance with the law.

Civil Liability for Trademark Infringement

According to Article 118 of the General Principles of Civil Law, if the trademark right is infringed, the person shall have the right to Request to stop the infringement, eliminate the impact, and compensate for the losses. According to Article 53 of the Trademark Law, the infringed party may request the infringer to immediately stop the infringement and compensate for the losses. Among them, the amount of infringement compensation shall be the amount obtained by the infringer during the infringement period. interests, or losses suffered by the infringed party due to the infringement during the period of infringement, including reasonable expenses paid by the infringed party to stop the infringement. If the first two are difficult to determine, the People's Court shall make a judgment based on the circumstances of the infringement. Compensation of less than 500,000 yuan. If the trademark registrant or interested party has evidence that others are committing or about to commit acts that infringe upon the exclusive right to use the registered trademark, and if not stopped in time, their legitimate rights and interests will be irreparably damaged. Before filing a lawsuit, you can apply to the People's Court to take measures to order the cessation of relevant behaviors and property preservation.

The above is the relevant information on the above issues compiled for you by Hualu Editor Knowledge, this website provides you with professional lawyer consultation. If you have any questions, please enter the Legal Savior Network for consultation.