What are the legal responsibilities for trademark infringement
1. Administrative responsibilities
For those who infringe the exclusive rights of registered trademarks, the industrial and commercial administration authorities may take the following measures to impose penalties in accordance with the Trademark Law.
(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) Imposed a fine.
2. Civil liability
If a trademark right is infringed upon, the party has the right to request a cessation of the infringement, elimination of the impact, and compensation for losses. According to the Trademark Article 53 of the Law stipulates that the infringed party may request the infringer to immediately stop the infringement and compensate for losses. Among them, the amount of infringement compensation shall be the benefits obtained by the infringer during the infringement period, or the infringed party may request the infringer to immediately stop the infringement and compensate for the losses. Losses suffered by infringement include reasonable expenses paid by the infringer to stop the infringement.
3. Criminal liability
In addition to administrative and civil liability, infringement of trademark rights may also constitute the crime of counterfeiting registered trademarks, selling goods with counterfeit registered trademarks, illegally manufacturing registered trademark signs, and selling illegally manufactured registered trademark signs.
How to deal with trademark infringement
1. Complain to the industrial and commercial administration authority at or above the county level where the infringer is located or where the infringement occurred. Or report.2. The infringed party can also file a lawsuit directly with the People's Court. If he is dissatisfied with the handling of the industrial and commercial administrative organs, he can also file a lawsuit with the People's Court.
Industrial and commercial administrative agencies and courts handle trademark infringement cases differently. The main manifestations are as follows:
(1) The parties requesting processing are different.
In accordance with the provisions of Article 53 of the Trademark Law, Anyone can accuse or report trademark infringement to the industrial and commercial administration, 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 other people.
( 2) Different requirements for the defendants.
Industrial and commercial administration When accepting a trademark infringement case, the agency only requires the existence of the infringement facts, and the defendant may not be very clear; and when the people's court requires the infringer 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 shall protect consumptionBased on the interests of the public, preventing unfair competition, and maintaining normal economic order in society, 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.
Trademark rights are for every businessman to apply for their own If someone else uses the trademark that we have applied for for illegal sales, we can file a lawsuit to protect our trademark rights. The above is the relevant trademark infringement that the editor of Legal Savior Network found for you. The legal responsibilities that need to be borne, I hope it can help everyone! If you have any questions, please feel free to consult a lawyer on this website.
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