What are the civil liabilities in trademark infringement cases?

Trademark law, as a special law of civil law, also belongs to the category of economic law. Therefore, the design of the civil liability system for Trademark infringement should follow the logic of economic legal analysis. What is the civil liability for trademark infringement in my country? What is civil liability for trademark infringement? Below, the editor of Legal Savior Network has compiled relevant legal knowledge for your reference.

What are the civil liabilities for trademark infringement

The civil liabilities for trademark infringement include: ：

(1) Stop the violation;

(2) Compensation for losses; it should be noted that if you sell goods that are not known to infringe the exclusive rights of registered trademarks, and you can prove that you obtained the goods legally and explain the supplier, you will not be liable for compensation.

(3) Elimination Influence, restore reputation;

(4) Make an apology.

Trademark infringement refers to violating the provisions of the law and using the same or similar goods or services without the consent of the trademark owner. Signs that are identical or similar to a registered trademark harm the legitimate rights and interests of the trademark owner.

Article 60 of the "Trademark Law" involves any of the acts that infringe on the exclusive right to use a registered trademark as listed in Article 57 of this Law. If a dispute arises, the parties shall negotiate If they are unwilling to negotiate or cannot reach an agreement, 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 it to immediately stop the infringement, confiscate and destroy the infringing goods and their main uses Tools for manufacturing infringing goods or counterfeiting registered trademarks, with an illegal business volume of more than 50,000 yuan, may be fined not more than five times the illegal business volume; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of 25% may be imposed. A fine of not more than 10,000 yuan. Anyone who commits more than two trademark infringements within five years or has other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, you must be able to prove that you obtained the goods legally and explain that you provided them. If any, the industrial and commercial administration department shall order the suspension of sales.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the administrative department for industry and commerce, or they may file a lawsuit with the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. After mediation by the administrative department for industry and commerce, the parties have failed to resolve the dispute. If an agreement or mediation letter is not performed after it takes effect, 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.

Article 61: Infringement of exclusive rights to registered trademarks The industrial and commercial administrative departments have the right to investigate and deal with any behavior in accordance with the law; if a crime is suspected, they shall be promptly transferred to the judicial authorities for handling in accordance with the law.

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