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How much is the fine for trademark infringement?

Legal analysis:

For those who infringe the exclusive rights of registered trademarks but have not yet constituted a crime, the industrial and commercial administration authorities may, depending on the circumstances, impose a fine of less than 50% of the illegal business volume or less than five times of the profits gained from the infringement. A fine of up to 10,000 yuan may be imposed on the person directly responsible for the infringement unit according to the circumstances. If the party concerned is dissatisfied with the above two treatments, the party concerned may file a lawsuit in the People's Court in accordance with the regulations within 15 days from the date of receiving 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. A trademark is a mark used to distinguish one operator's brand or services from the goods or services of other operators. A trademark is a distinctive sign that identifies a certain product or service or a specific person or company related to it. Graphic_ is often used to indicate that a trademark is registered and protected by law. Famous trademarks in the international market are often registered in many countries. There is a distinction between "registered trademarks" and "unregistered trademarks" in China.

Legal basis: "Trademark Law of the People's Republic of China"

Article 22 Applicants for trademark registration shall fill in the categories of goods for which the trademark is used according to the prescribed commodity classification table. and product name, submit an application for registration.

Trademark registration applicants can apply to register the same trademark for multiple categories of goods through one application.

Trademark registration applications and other relevant documents can be submitted in writing or by data message.

Article 30 If a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall The application is rejected and no announcement will be made.

1. Ways to deal with trademark infringement:

1. Complain or report to the industrial and commercial administration at or above the county level where the infringer is located or where the infringement occurred.

2. The infringed party can also directly file a lawsuit in the People's Court. If he is dissatisfied with the handling of the industrial and commercial administrative organs, he can also file a lawsuit in the People's Court.

The acceptance principles are different.

3. In order to protect the interests of consumers, prevent unfair competition, and maintain normal social economic order, the industrial and commercial administrative agencies must "actively investigate and deal with" trademark infringements even if no one accuses or reports them. The People's Court implements the principle of "no complaint, no response". The People's Court will not handle trademark infringement cases without being sued by the infringer.

2. How to report counterfeiting:

1. The brand owner can lodge a complaint with the industrial and commercial administration department. After obtaining the evidence, the brand owner can go to the industrial and commercial bureau of the district or county or the nearest industrial and commercial bureau to report the infringing party, and request the industrial and commercial department to investigate and deal with it. After it is confirmed that the other party has sold fakes, the industrial and commercial bureau will impose severe penalties on it.

2. Brands can make complaints through the website. For example, e-commerce platforms, such as Taobao, are intellectual property protection platforms, and there is also the 12315 online platform, which is equivalent to an online form of industrial and commercial reporting and can also play a role in rights protection.

3. The brand can entrust others to make complaints. Since there are many blind spots in their own rights protection, brands are increasingly turning to third-party platforms to protect their rights. Professional third-party platforms can carry out targeted counterfeiting and rights protection, helping brands save various costs.