What are the penalties for illegal use of trademarks?

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.

What are the penalties for illegal use of trademarks

Article 58 of the "Trademark Law of the People's Republic of China" If a registered trademark or an unregistered well-known trademark is used as a trade name in a company name, misleading the public and constituting unfair competition, it shall be dealt with 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.

The product itself contained in the three-dimensional logo registered trademark The holder of the exclusive right to a registered trademark has no right to prohibit others from using the shape due to its nature, the shape of goods required to obtain technical effects, or the shape that makes the goods of substantial value.

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 kind of goods or similar goods, the owner of the exclusive right to the registered trademark has no right to prohibit the user from continuing to use it within the original scope of use.Use this trademark, but you can require it to be accompanied by appropriate distinguishing marks.

Article 60 If any dispute arises from any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or Interested parties may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter.

When handled by the industrial and commercial administration department, the infringement is determined If established, the infringing act shall be ordered to stop immediately, 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 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.

Article 61 is exclusively for infringement of registered trademarks The industrial and commercial administrative departments have the right to investigate and deal with any acts that violate human rights in accordance with the law; if they are suspected of committing a crime, they shall be promptly transferred to the judicial authorities for handling in accordance with the law.

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