What are the legal liabilities for trademark infringement
1. Administrative responsibilities.
For those who infringe the exclusive rights of Registered trademarks, according to the " 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:
① Order to stop sales immediately;
②Confiscate and destroy infringing goods;
③Confiscation and destruction of products specifically used to manufacture infringing goods and counterfeit registrations Trademark identification tool.
(2) Imposition of fines.
2. Civil liability
If a trademark right is infringed, the party has the right to demand that the infringement be stopped, the impact eliminated, and losses compensated. The infringed party can 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 decide to award compensation based on the circumstances of the infringement.
3. Criminal liability
In addition to administrative and civil liability, infringement of trademark rights may also constitute counterfeit registration The crime of 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.
Ways to deal with trademark infringement
span>
1. To the location of the infringer or the location of the infringement The industrial and commercial administration authority at or above the county level in the place of conduct shall file a complaint or report.
2. The infringed party can also directly file a lawsuit with the People's Court. If the administrative department for industry and commerce is dissatisfied, it may also file a lawsuit with the People's Court.
The above is the relevant information summarized by the editor of Legal Savior Network If you still don’t understand the content of this article, you can find a lawyer for consultation and guidance through the Legal Savior Network. They can tell you the answer directly.
No comments yet. Say something...