2. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. If you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, and you can prove that the commodity was legally obtained by yourself and explain the supplier, the administrative department for industry and commerce shall order you to stop selling it;
3. If the amount of compensation for infringement of the exclusive right to use a trademark is disputed, the parties may request the administrative department for industry and commerce to mediate.
When investigating and dealing with acts suspected of infringing upon the exclusive right to use registered trademarks of others, they may exercise the following functions and powers:
(1) Asking the parties concerned and investigating the situation related to the infringement of the exclusive right to use a registered trademark of others;
(2) consulting and copying the contracts, invoices, account books and other relevant materials related to the infringement activities of the parties;
(three) to conduct on-site inspection of the places where the parties are suspected of engaging in activities that infringe upon the exclusive right to use registered trademarks of others;
(4) Examining articles related to infringement activities; Articles that have evidence to prove that they infringe upon the exclusive right to use registered trademarks of others may be sealed up or detained.
When the administrative department for industry and commerce exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
In the process of investigating trademark infringement cases, if there is a dispute over trademark ownership or the obligee brings a trademark infringement lawsuit to the people's court at the same time, the administrative department for industry and commerce may suspend the investigation of the case. After the reasons for suspension are eliminated, the investigation and handling procedures of the case shall be resumed or terminated.
Where the administrative department for industry and commerce considers that the exclusive right to use a registered trademark has been infringed, it may exercise the following functions and powers when investigating and collecting evidence:
1, ask relevant parties;
2, check the articles related to infringement activities, if necessary, can be ordered to seal;
3. Investigate acts related to infringement activities;
4. Consult and copy contracts, account books and other business materials related to infringement activities.
Choosing the administrative department for industry and commerce to handle trademark infringement cases has its unique advantages: the personnel who accept the case are familiar with the business, the procedures are simple, the case is closed quickly, and it saves time and effort. However, its obvious deficiency is that the administrative decision has no final effect, and if the parties are dissatisfied with the handling by the administrative department for industry and commerce, they can still bring a lawsuit to the people's court.
Litigation solution
Jurisdiction. Trademark infringement cases may be under the jurisdiction of the people's court in the place where the infringement is committed or where the infringer is located. In this regard, the infringer can choose the place where the infringement occurred or the people's court where the infringer is located to prosecute. At the same time, due to the complexity of trademark infringement cases, the Supreme People's Court has designated the Intermediate People's Court as the jurisdiction court.
The people's court adopts civil sanctions to deal with general trademark infringement cases. The people's court may take the following measures independently or in combination according to the rights of prohibition, compensation for losses, return of improper interests and restoration of reputation exercised by the infringed:
1. Order the infringer to stop the infringement immediately. You can destroy articles that constitute infringement, dismantle equipment used for infringement, and invite tools and templates directly used for infringement;
2. Eliminate the influence and restore the reputation of the infringed person, such as ordering the infringed person to publish an apology statement in newspapers and periodicals to restore the commercial reputation of the infringed person;
3. Compensation for the losses of the infringed. The calculation method of compensation is the profits gained by the infringer or the losses suffered by the infringed during the infringement. In addition, the infringer should also compensate the infringed for the expenses incurred in investigation, evidence collection, and hiring an agent ad litem or a non-litigation agent.
4. In addition to the above-mentioned main measures, the people's court can also take measures such as admonition, order to make a statement of repentance, confiscate illegal income, fine or detention.
Legal basis:
the trademark law of the people's republic of china
Article 57 Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;
(3) selling goods that infringe upon the exclusive right to use a registered trademark;
(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;
(seven) causing other damage to the exclusive right to use a registered trademark of others.