What to do if a registered trademark is infringed

Because of the unique nature of trademark rights, trademark infringement can be seen everywhere. So, what should we do if our Registered trademark has been infringed? What methods should we use to protect our legitimate rights and interests? Today, the editor of Legal Savior Network will tell you what to do if your registered trademark is infringed. I hope that the knowledge compiled by the editor can help you and answer your questions.

What to do if a registered trademark is infringed

Article 60 of the "Trademark Law" and Article 57 of this Law If any of the listed acts of infringement of the exclusive right to use a registered trademark causes a dispute, 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 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.

To sum up, we can know that when trademark infringement occurs, we can protect our rights and interests through legal weapons. If you have other legal knowledge that you need to know, the Legal Savior Network also provides online legal knowledge consultation. You are welcome to provide legal knowledge consultation.