What is civil liability for trademark infringement
Trademark infringement refers to violating the provisions of the law and using the same or similar registered trademark on the same or similar goods or services without the consent of the trademark owner. logo, acts that damage the legitimate rights and interests of the trademark owner. The civil liabilities for trademark infringement include: (1) Stop the infringement; (2) Compensate for losses; you must pay attention to selling goods that are not known to infringe the exclusive rights of registered trademarks, and be able to prove that the goods were obtained legally and indicate the supplier. No liability for compensation. (3) Eliminate the impact and restore reputation; (4) Apologize.
"Trademark Law" Article 60: Any infringement of the exclusive right to use a registered trademark as listed in Article 57 of this Law causes a dispute, which shall be settled through negotiation by the parties; if the parties are unwilling to negotiate or the negotiation fails, the dispute shall be resolved by negotiation. The trademark 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.
When handled by the industrial and commercial administration department, the infringement is determined If established, the infringing act shall be ordered to cease immediately and the infringing goods shall be confiscated and destroyed.and tools mainly used to manufacture infringing goods or counterfeit 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 50,000 yuan may be imposed. A fine of not more than RMB 250,000 shall 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 violation of rights in accordance with the law; if a crime is suspected, they shall be promptly transferred to the judicial authorities for handling in accordance with the law.
If you want to use the law to protect your rights, it is recommended that you can For online consultation on the Legal Savior Network, a professional team of lawyers will answer your questions and protect your rights and interests promptly and legally.
