What is the liability for committing more than two trademark infringements within five years?

In practice, many of us may be exposed to issues such as liability for more than two trademark infringements within five years. However, because we don’t know much about this, many things are not very clear. . Regarding this issue, next, the editor of Legal Savior Network has compiled some relevant information and will let you know about the liability for two or more trademark infringements within five years.

What is the liability for two or more trademark infringements within five years?

For infringement of exclusive rights to registered trademarks According to Article 53 of the Trademark Law and Article 43 of the Implementing Rules of the Trademark Law, the industrial and commercial administrative authorities may take the following measures to impose penalties.

(1) Order to stop infringement

The specific measures are as follows:

①Order to stop sales immediately;

②Confiscate and destroy infringing goods;

③ Confiscated and destroyed exclusively for manufacturingTools for infringing goods and counterfeiting registered trademarks.

(2) Imposition of fines

For those who infringe the exclusive rights of registered trademarks but do not constitute a crime, the industrial and commercial administration The authorities may impose a fine of less than 50% of the illegal business volume or less than five times the profits obtained from the infringement according to the circumstances; the directly responsible person of the infringing unit may be fined not more than 10,000 yuan according to the circumstances.

If the parties are dissatisfied with the above two treatments, the parties may File a lawsuit in the People's Court in accordance with the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receipt of the notice. If neither prosecution nor performance is made within the time limit, the industrial and commercial administration authority shall apply to the People's Court for compulsory enforcement.

(3) Just Mediation on the amount of compensation for infringement of trademark exclusive rights

The industrial and commercial administrative department that handles the case may mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties. If mediation fails, the parties may file a lawsuit in the People's Court in accordance with the law.

Legal basis: "Trademark Law"

Article 60: Infringement of the exclusive right to use a registered trademark as listed in Article 57 of this Law 1. If a dispute arises, 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 bring a lawsuit to the People's Court or request the industrial and commercial administrative 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.

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