What are the penalties for selling goods that infringe the trademark owner
1. Civil liability for trademark infringement: the infringer shall bear civil liability The methods of liability include stopping the infringement and compensating for losses. To stop the infringement, you can apply for a court ruling as a pre-litigation interim measure.
"Trademark Law" stipulates: "The trademark registrant or If an interested party has evidence to prove that others are committing or about to commit acts that infringe upon its exclusive right to use a Registered trademark, and if it is not stopped in time, its legitimate rights and interests will be irreparably damaged, it may apply to the People's Court for an order to stop before filing a lawsuit. Measures concerning conduct and property preservation”.
2. Administrative responsibility for trademark infringement: industrial and commercial administration If the management department determines that the infringement is established, it may 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 fines.
Infringement of the exclusive right to use a registered trademark and causing disputes , the matter shall be settled through negotiation between the parties. If the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.
Trademark infringement
"Trademark Law" and "Trademark Law Implementation Regulations" stipulate:
1. Without the permission of the trademark registrant, Use a trademark that is identical or similar to its registered trademark on the same kind of goods or similar goods.
2. Selling goods that infringe the exclusive rights of registered trademarks. The new Trademark Law has modified the identification of this type of behavior. As long as there is the act of selling infringing goods, it is an infringement of registered trademark rights, regardless of whether the perpetrator is subjectively "knowingly aware". However, when determining whether the actor should bear liability for compensation, the subjective state of the actor must be considered, thereby conditionally exempting him from liability for compensation.
3. Forge or create without authorization the registered trademark logo of others or Selling such signs.
4. Replace the trademark without the consent of the trademark registrant Register a trademark and put the goods with the changed trademark back on the market. This behavior is opposite to the direction of general trademark infringement. It refers to replacing the trademarks of other people's goods during product sales activities and selling them as one's own goods.
5. Intentionally infringing on the exclusive rights of others to register trademarks BehaviorProvide convenient conditions for warehousing, transportation, mailing, hiding, etc.
In the actual operation process, it is recommended to consult professional advice , ask the professional lawyers of the Legal Savior Network to handle it, so as to safeguard your own and legal rights and interests to the maximum extent and protect your interests from harm. If there is something you don’t understand. You can also search for relevant legal solutions.
