What specific methods should be used to deal with trademark infringement?

In real life, you may often hear news related to intellectual property rights, so what specific methods are used to deal with trademark infringement? In order to answer your related doubts, the editor of Legal Savior Network has compiled relevant legal knowledge for you. Read, hope it helps you.

What specific methods should be adopted to deal with trademark infringement

Article 60 has the provisions of Article 57 of this Law Any act that infringes upon the exclusive right to use a registered trademark and causes a dispute shall be resolved by negotiation between the parties; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative 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 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.

According to Article 57 of the Trademark Law, any one of the following acts is an infringement of the exclusive right to use a registered trademark:

(1) Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the registered trademark owner;

(2) Selling goods that are knowingly counterfeit Registered trademarks;

(3) Forging or unauthorized manufacturing of other people’s registered trademarks or selling counterfeit or unauthorized manufacturing of registered trademark;

(4) Causing other damage to others’ exclusive rights to registered trademarks.

The above is the relevant content compiled by the editor for you. If you have other questions , you can consult online with the lawyers of our Legal Savior Network.