What are the penalties for similar trademark infringement
According to relevant trademark regulations, for trademark infringement, the infringed party may If you request the industrial and commercial administration department at or above the county level, the industrial and commercial administration department has the right to take the following measures:
(1) Order an immediate stop to sales;
(2) Receive invitations and destroy infringing trademark signs;
(3) Eliminate infringing trademarks on existing goods;
(4) Seize molds, printing plates or other crime tools that are directly used for trademark infringement;
(5) If the first four measures are insufficient to stop the infringement, or if the infringement is difficult to separate from the goods, order and supervise the destruction of the infringing goods;
(6) Depending on the circumstances, a fine of less than 5% of the illegal business revenue or less than five times of the profits obtained from the infringement may be imposed. The directly responsible person of an entity that infringes the exclusive right to use a registered trademark may be fined not more than 10,000 yuan depending on the circumstances.
Finally, trademark infringement refers to using the same or similar trademark on the same or similar goods without the permission of the trademark registrant. . Industrial and Commercial Investigation and Punishment of Trademark Infringement This type of infringement can be specifically broken down into the following four types: (1) Using the same trademark as someone else’s registered trademark on the same product;
(2) Using a trademark similar to another’s registered trademark on the same product;
(3) Use the same trademark as the registered trademark on similar goods;
(4) Use a trademark similar to the registered trademark of others on similar goods. The first type of behavior is counterfeiting, and the remaining three are counterfeiting behaviors.
Counterfeiting registered trademarks is the most serious infringement of trademark exclusive rights. If the circumstances are serious, criminal liability must be pursued in accordance with the law. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, 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.
If the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used to manufacture infringing goods, and forge registration For tools marked with trademarks, 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 there is no 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.
Similar trademarks refer to trademarks with similar glyphs, sounds, images, etc. This practice is an infringement and can be resolved through law. If you have other related questions you would like to know, please feel free to consult the free legal consultation of Legal Savior Network, which can help you answer your doubts.
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