What are the penalties for trademark infringement
Trademark infringement refers to Violating the provisions of the law, using the same or similar logo as a Registered trademark on the same or similar goods or services without the consent of the trademark owner, thereby damaging the legitimate rights and interests of the trademark owner. Judging from the provisions of my country’s Trademark Law, the constitution of trademark infringement usually includes the following elements:
First, it causes damage or is about to cause damage, that is, the infringement causes The trademark owner has caused damage or is about to cause damage, which can be manifested as a decrease in product sales, a decrease in profits, or a decrease in trademark reputation.
The second is the illegality of the behavior, that is, the perpetrator objectively exercises the rights enjoyed by the trademark owner in accordance with the law without permission and without other legal basis.
Third, the damage consequences are causally related to the illegal behavior, that is, the damage consequences are directly caused by the illegal behavior.
The fourth is the subjective state, including fault and no fault.
Generally speaking, if an actor illegally uses a trademark that is the same as or similar to a registered trademark, or forges or creates without authorization the logo of another person’s registered trademark, it is reverse counterfeiting of a registered trademark. When determining whether an act is infringing, the subjective fault of the perpetrator is the essential element; for the act of selling goods counterfeiting registered trademarks, when determining whether the infringement is infringement, the subjective fault of the perpetrator is not the essential element.
For those who infringe the exclusive rights of registered trademarks, according to Article 53 of the Trademark Law and Article 43 of the Implementing Rules of the Trademark Law, industrial and commercial Administrative agencies may take the following measures to impose penalties.
(1) Order to stop infringement
The specific measures are as follows:
①Order to stop sales immediately;
②Confiscate and destroy infringing goods;
③Confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks.
(2) Impose a fine
For those who infringe the exclusive rights of registered trademarks but do not constitute a crime , the industrial and commercial administrative organs may impose a fine of less than 50% of the illegal business volume or less than five times the profits obtained from the infringement according to the circumstances; the directly responsible person of the infringing unit may be fined not more than 10,000 yuan according to the circumstances.
If the party concerned is dissatisfied with the above two treatments, the party concerned may file a lawsuit in the People's Court in accordance with the "Administrative Procedure Law of the People's Republic of China" within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the industrial and commercial administration authority shall apply to the People's Court for compulsory enforcement.
(3) Mediation on the amount of compensation for infringement of trademark exclusive rights
Processing At the request of the parties, the administrative department for industry and commerce may mediate the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties may file a lawsuit in the People's Court in accordance with the law.
I hope that through the above content you can have a deeper understanding of issues related to the penalty standards and precautions for trademark infringement. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.