What are the penalties for illegal use of registered trademarks and packaging?

When the industrial and commercial administration department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and tools specifically used to manufacture infringing goods and counterfeit Registered trademarks, and may impose a fine. What are the penalties for illegal use of trademarks? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

Illegal use of registered trademarks and packagingHow to punish

Article 58 of the "Trademark Law of the People's Republic of China" uses someone else's registered trademark or unregistered well-known trademark as a business name, misleading the public and constituting unfair competition, in accordance with the "Anti-Unfair Competition Law of the People's Republic of China".

"Trademark Law of the People's Republic of China" Article 50 Article 9 The registered trademark owner shall not have the right to use the common name, graphics, model of the product contained in the nine registered trademarks, or directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the product, or the place name contained in the registered trademark. Any unauthorized use by others is prohibited.

Three-dimensional logo registered trademark is generated by the nature of the goods themselvesThe holder of the exclusive right to a registered trademark has no right to prohibit others from legitimate use.

Before the trademark registrant applies for trademark registration, others have If a trademark that is identical or similar to the registered trademark and has a certain influence is used before the trademark registrant on the same or similar goods, the owner of the exclusive right to the registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may It is required to bear appropriate distinguishing marks.

Article 60 contains Article 50 of this Law If one of the seven acts of infringement of the exclusive right to use a registered trademark causes a dispute, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department deal with.

When handled by the industrial and commercial administration department, the infringement is determined If established, the infringing act shall be ordered to immediately stop, the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks shall be confiscated and destroyed. 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 the 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.

Dispute 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 fail to 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.

The above is the relevant knowledge compiled by Hualu editor for you. If If you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly entrust a Legal Savior Network lawyer to help you get out of your legal dilemma.