What should I do if my trademark is counterfeited? How to protect my rights if my trademark is counterfeited
Infringement of the exclusive right to use a registered trademark has not yet constituted Anyone who commits a crime shall bear administrative and civil liability.
For those who infringe the exclusive rights of registered trademarks, the industrial and commercial administration The regulatory authority may take the following measures to stop infringement:
(1) Order to stop sales immediately;
(2 ) Seize and destroy the infringing trademark logo;
(3 ) Eliminate infringing trademarks on existing goods;
( 4) Seize molds, printing plates or other crime tools that are directly used for trademark infringement;
(5) If the first four measures are insufficient to stop the infringement, or if the infringing trademark is difficult to separate from the goods, an order shall be ordered And supervise the destruction of infringing items.
Countermeasures against unregistered trademark infringement
Unregistered trademarks do not enjoy the exclusive right to register trademarks, but this does not mean that they are completely exempt from legal protection.
If the unregistered trademark is a well-known trademark and its rights are protected by law, you can file a complaint with the industrial and commercial department Report or file a lawsuit in court. If someone else has copied your trademark and registered it only after it has been used previously and has a certain influence, you can request the Trademark Review and Adjudication Board to cancel the registered trademark starting from the date of registration of the trademark.
According to the "Supreme People's Procuratorate and the Ministry of Public Security on the Filing of Criminal Cases under the Jurisdiction of Public Security Organs" Provisions on Prosecution Standards (2)" Article 69 [Counterfeiting Registered Trademark Cases (Criminal Law Article 213)], using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner , if suspected of any of the following circumstances, a case should be filed for prosecution:
(1) The amount of illegal business operations is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan;
(2) Counterfeiting two or more registered trademarks, the illegal business amount is more than 30,000 yuan or the illegal income amount is more than 20,000 yuan;
(3) Other serious circumstances.
"Criminal Law" Article 213 [Crime of Counterfeiting Registered Trademarks] Unregistered Trademark Owner If the case is serious, the person who uses the same trademark as the registered trademark on the same kind of goods shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. And be subject to a fine.
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