Article 60: If a dispute arises due to any of the acts that infringe upon the exclusive right to use a Registered Trademark as listed in Article 57 of this Law, the party concerned shall If the dispute is not resolved through negotiation or negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the Industrial and Commercial Administration department to handle the matter.
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.
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" File a lawsuit with the People's Court. 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.
The People's Court generally handles trademark infringement cases in the form of civil sanctions. Based on the infringed party’s right to claim for prohibition, claim for loss compensation, claim for return of undue benefits, and claim for restoration of reputation, the People’s Court may adopt the following methods individually or in combination:
1. Order the infringer to immediately stop the infringement. You can destroy items that constitute infringement, dismantle equipment used in infringement, and invite tools, templates, etc. that are directly used for infringement;
2. Eliminate the impact, Restore the reputation of the infringed party, such as ordering the infringed party to publish an apology statement in newspapers and magazines to restore the business reputation of the infringed party;
3. Compensate the infringed party For the infringer's losses, the compensation amount is calculated based on the profits gained by the infringer due to the infringement during the infringement period or the losses suffered by the infringed party due to the infringement during the infringement period. In addition, the time spent by the infringed party on investigation, evidence collection, and hiring of litigation or non-litigation agents shallThe infringer shall also compensate for the expenses;
4. In addition to the above main methods, the people's court may also take admonitions, order repentance, confiscation of illegal gains, fines or Detention and other measures.
