What are the solutions to infringement of registered trademark rights
Self-negotiation. If a dispute arises due to infringement of the exclusive rights of a registered trademark, the trademark registrant or interested parties may negotiate with the infringer to resolve the dispute on their own.
Judicial channels. If a dispute arises due to infringement of the exclusive right to use a registered trademark and is unwilling to resolve the dispute through negotiation or fails to resolve the dispute through negotiation, the trademark registrant or interested party may directly file a lawsuit in the People's Court.
Administrative approach. If a dispute arises due to infringement of the exclusive rights of a registered trademark and is unwilling to be resolved through negotiation or negotiation fails, the trademark registrant or interested party may also request the industrial and commercial administration department to handle the dispute.
Article 60 of the Trademark Law: If any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law causes a dispute, it shall be settled through negotiation by the parties; if the parties are unwilling to negotiate or the negotiation fails, the trademark The registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter.
If the industrial and commercial administration 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, counterfeit registered trademarks, and operate illegally. If the amount is more than 50,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. For those who commit crimes more than twice within five years Those who commit trademark infringement 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 have legally obtained the goods and explain the supplier, the industrial and commercial administrative department shall order you to stop selling them.
Dispute over the amount of compensation for infringement of trademark exclusive rights, the parties You may request mediation from the administrative department for industry and commerce that handled the case, or you may file a lawsuit with the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If, after mediation by the administrative department for industry and commerce, the parties fail to reach an agreement or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in accordance with the "Civil Procedure Law of the People's Republic of China". File a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Article 61: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights of registered trademarks in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial authority for handling in accordance with the law.
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