What are the penalties for selling products without brand authorization?

Brand is very important for enterprises. Many enterprises spend huge sums of money on promotion and publicity just to build their own brands. However, in real life, some merchants sell their products without brand authorization. So how to punish this situation? The following is The editor of Legal Savior Network will give you corresponding answers for your reference and study. I hope the following answers will be helpful to you.

1. Penalties for selling products without brand authorization

According to relevant regulations in my country According to the law, selling other people's branded goods without authorization is an infringement. If the brand is a Registered trademark, it will constitute a trademark infringement and you will have to bear the consequences of compensation. When handling the case, if the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. 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.

Article 57 of the Trademark Law of the People's Republic of China

Has any of the following acts Any of the above is an infringement of the exclusive right to use a registered trademark:

(1) Using the same trademark on the same product without the permission of the trademark registrant Trademark;

(2) Using a trademark similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using it on similar goods A trademark that is identical or similar to its registered trademark and is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of a registered trademark;

(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;

(6) Intentional infringement Other people’s exclusive rights to trademarksProviding convenient conditions to help others commit acts of infringement of trademark exclusive rights;

(7) Causing other damage to others' registered trademark exclusive rights.

Article 60 of the Trademark Law of the People's Republic of China

There is Article 5 of this Law If one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 17 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 industrial and commercial administration. Department processing.

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 counterfeit them. Tools with registered 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.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation from the industrial and commercial administrative department handling the matter, or may file a dispute in accordance with the Civil Procedure Law of the People's Republic of China. 》Sue in the People's Court. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not 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.

2. Are trademark authorization and brand authorization the same?

Trademark authorization and brand authorization are of course different.

Trademark authorization, also known as trademark license, means that the trademark registrant authorizes others to use its registered trademark by signing a trademark use authorization contract. The authorized person engages in business activities (usually producing and selling certain products or providing certain services) as stipulated in the contract, and pays the licensor corresponding fees - royalties; at the same time, the licensor provides personnel training, organizational design, and business management Guidance and assistance in other aspects. The Trademark Law stipulates that the licensor shall supervise the quality of the goods used by the licensee using its registered trademark. quiltThe licensor shall ensure the quality of goods using the registered trademark. If a registered trademark of another is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark.

Brand authorization, also known as brand licensing, means that the licensor grants the trademark or brand owned or represented by the licensor to the authorized party in the form of a contract; The licensor engages in business activities as stipulated in the contract (usually producing, selling a certain product or providing a certain service), and pays the licensor the corresponding fees - royalties; at the same time, the licensor provides personnel training, organizational design, and business management Guidance and assistance in other aspects. Nowadays, brand licensing is no longer an academic field studied by a few special people. Many companies regard brand licensing as an important tool for marketing. It can even be said that brand licensing has become one of the most powerful and effective methods of marketing and brand extension in modern times. , and applied in an increasing variety of ways.

The above is the answer given by the editor of Legal Savior Network on "What are the penalties for selling products without brand authorization?" Selling products without brand authorization is an infringement. If the infringing act occurs, the infringing act will be ordered to immediately stop, the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks will be confiscated and destroyed, and corresponding fines will be imposed. If you have other questions, Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.