What are the legal liabilities for trademark infringement
The civil liabilities for trademark infringement include:
(1) Stop the infringement;
(2) Compensation for losses; attention should be paid to selling goods that are not known to infringe the exclusive rights of Registered trademarks , who can prove that they obtained the goods legally and identify the supplier, will not be liable for compensation.(3) Eliminate the impact and restore reputation;
(4) Apologize.
The administrative responsibilities for trademark infringement include:
(1) Order the infringement to cease immediately;
(2) Confiscate and destroy infringing goods and tools specifically used to manufacture infringing goods and counterfeit registered trademarks;
(3) The industrial and commercial administration authorities shall, in case of infringement of the exclusive rights of others’ registered trademarks, A fine of not more than three times the illegal business turnover shall be imposed; if the illegal business turnover cannot be calculated, a fine of not more than 100,000 yuan shall be imposed.
If the trademark infringement is serious, you may also bear criminal liability
"Criminal Law of the People's Republic of China" Article 213: Using the same trademark as the registered trademark on the same kind of goods 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 and not more than seven years, and shall also be fined.
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