What are the important steps to fight against trademark infringement and counterfeiting?

If an actor uses means to damage other people's trademarks, it often constitutes trademark infringement. At this time, it is necessary to pursue the legal liability of the infringer in accordance with the legal provisions. So, do you know what the legal liability for trademark infringement includes? What is the fight against counterfeiting of trademark infringement? Today, the editor of Legal Savior Network has sorted out "trademark infringement" for you I hope this helps you with the relevant legal knowledge about “anti-counterfeiting”.

What are the important steps to fight against trademark infringement and counterfeiting

The most important thing in combating trademark infringement and counterfeiting is to prepare letters of complaint and indictments and submit them to the relevant authorities. Request to crack down on infringement. This is the most important step in combating infringement. The level of preparation of the complaint (indictment) will directly affect the success or failure of the case. The organization of evidence materials, the argumentation and analysis of the infringement and the reasonableness of the complaint request are crucial. At the same time, good communication channels with the corresponding law enforcement agencies and cooperative actions based on trust are important factors for the success of the case.

1. What are the legal liabilities for trademark infringement

span>

1. Administrative responsibilities.

For those who infringe the exclusive rights of registered trademarks, according to the "Trademark Article 53 of the LawArticle 43 of the Implementing Rules of the Trademark Law stipulates that 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:

①Order 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) Imposition of fines.

For those who infringe the exclusive rights of registered trademarks but have not yet constituted a crime , the industrial and commercial 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 person directly responsible for the infringement unit may be fined not more than 10,000 yuan according to the circumstances.

2. Civil liability

According to the "General Principles of Civil Law"Article 118 stipulates that if a trademark right is infringed upon, the person has the right to demand that the infringement be stopped, the impact eliminated, and losses compensated. According to Article 53 of the Trademark Law, the infringed party may request the infringer to immediately stop the infringement and compensate for losses. Among them, the amount of infringement compensation is the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement. If it is difficult to determine the first two, the people's court will award a compensation of less than 500,000 yuan based on the circumstances of the infringement.

3. Criminal liability

In addition to administrative and civil liability, infringement of trademark rights may also constitute the crime of counterfeiting a registered trademark , the crime of selling goods with counterfeit registered trademarks, the crime of illegally manufacturing registered trademark signs, and the crime of selling illegally manufactured registered trademark signs.

2. How to deal with trademark infringement

1. To the industrial and commercial office at or above the county level where the infringer is located or where the infringement occurred Complaints or reports by administrative agencies.

2. The infringed party can also file a lawsuit directly with the People's Court If you are dissatisfied with the handling of the industrial and commercial administrative authorities, you can also file a lawsuit in the People's Court.

Industrial and commercial administration agencies and courts are handling trademark infringement cases It varies from time to time, and the main performances are as follows:

(1) The parties requesting processing are different.

In accordance with Article 53 of the Trademark Law and According to the Regulations for the Implementation of the Trademark Law, anyone can accuse or report trademark infringement to the industrial and commercial administration authorities, whether it is the infringed party or someone other than the infringed party. The party requesting the People's Court to handle a trademark infringement case must be the infringed party. The court will not accept lawsuits from others.

(2) The requirements for the defendant are different.

When the industrial and commercial administration authorities accept trademark infringement cases, It only requires the existence of infringement facts, but the defendant may not be very clear; when the people's court requires the infringed person to sue, it must provide a clear defendant, otherwise it will not be accepted.

(3) The acceptance principles are different.

Industrial and commercial administration agencies protect the interests of consumers and prevent Based on unfair competition and maintaining normal social economic order, trademark infringements must be "actively investigated and punished" even if no one accuses or reports them. The People's Court implements the principle of "no complaint, no response". The People's Court will not handle trademark infringement cases without being sued by the infringer.

If you still have questions, this website also provides lawyers Online consultation, you are welcome to consult.