What are the legal liabilities for registered trademark infringement?

A trademark is an important property of a company or enterprise, an important symbol that distinguishes it from other products, and is also one of the most important ways for users to identify it. However, a trademark must be obtained through prescribed procedures so that other companies cannot infringe on the company's Registered trademark. . What are the legal liabilities for registered trademark infringement? The editor of Legal Savior Network has compiled relevant content for you. You are welcome to browse, thank you.

What are the legal liabilities for registered trademark infringement

If the industrial and commercial administrative department determines that the infringement is established, it shall be ordered to immediately Stop infringement, confiscate and destroy infringing goods and tools mainly used to manufacture infringing goods or counterfeit registered trademarks. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or illegal business, If the business turnover is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

Article 60 of the Trademark Law: If any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law causes a dispute, it shall be settled through negotiation by the parties; if the parties are unwilling to negotiate or the negotiation fails, the trademark The 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.

When handled by the industrial and commercial administration department, the infringement was determined to be established. If the infringement is committed, the infringing act shall be ordered to cease immediately, the infringing goods and tools mainly used to manufacture the infringing goods or counterfeit registered trademarks shall be confiscated and destroyed. If the illegal business turnover exceeds RMB 50,000, the person may be punished.A fine of not more than five times 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 of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

Disputes over the amount of compensation for infringement of trademark exclusive rights, The parties may request mediation from the industrial and commercial administrative department handling the case, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation agreement after it becomes effective, 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 department has the right to investigate and deal with any behavior in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial authority for handling in accordance with the law.

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