What to do if you find others selling goods that infringe on your own trademark
(1) Administrative jurisdiction over trademark infringement cases, It can be either the industrial and commercial administrative department where the infringer is located, or the industrial and commercial administrative department where the infringement occurred.
(2) Industrial and commercial administrative departments at or above the county level After receiving a gift trademark infringement case, through investigation and evidence collection, and on the premise of determining the facts, the infringement behavior will be stopped, and administrative penalties will be imposed based on the infringer's illegal facts and the severity of the circumstances. Specific punishment measures include: 1. Order to stop sales immediately; 2. Invite and destroy the infringing trademark logo; 3. Eliminate the infringing trademark on the current trademark; 4. Invite molds, printing plates or other crime tools that are directly used for trademark infringement. ; 5. Order and supervise the destruction of items.
(3) If the commercial administrative agency believes that the exclusive right to use a registered trademark has been infringed, it may exercise the following powers when investigating and collecting evidence: 1. Question the relevant parties; 2. Inspect items related to the infringing activities. If necessary, Order to seal for reading; 3. Investigate behaviors related to infringement activities; 4. Review and copy contracts, account books and other business materials related to infringement activities.
Choosing the industrial and commercial administrative department to handle trademark infringement cases has its unique advantages: the personnel handling the case are familiar with the business, the handling procedures are simple, and the case is concluded quickly, thus saving time and effort. However, it has obvious shortcomings The point is that the administrative decision has no final effect. If the parties are dissatisfied with the handling of the industrial and commercial administrative organs, they can still file a lawsuit in the People's Court.
1. Stop infringement immediately. Selling goods without the permission of the trademark owner will be deemed as unauthorized use of other people's trademarks. When handled by the industrial and commercial administration department, As long as the infringement of the sales infringement is established, the infringement will be required to immediately stop the sales, and the infringing trademark products will be confiscated and destroyed on the spot.
2. Accept a certain fine.
Of course, if the other party refuses to negotiate or the negotiation is ultimately unsuccessful, the trademark registrant or interested party can file a lawsuit with the People's Court, and can also request the industrial and commercial The administrative department will handle it.
Hua Lu editor’s reminder Especially with online sales, it is often difficult for merchants who have been victims of trademark infringement to immediately discover that their own trademarks have been infringed. It is recommended that trademark owners want to stop the other party's infringement through litigation. The above is a summary of the relevant information for you Information, I hope it can help you. This website is committed to building an excellent legal consultation platform. If you still have questions, welcome to consult with a lawyer.
