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How to deal with misappropriation of other people's trademarks

Legal analysis: Misappropriation of other people’s trademarks is an infringement of registered trademark rights. Corresponding penalties must be imposed based on the circumstances of the misappropriation. In serious cases, it constitutes a crime.

Legal basis: Article 57 of the Trademark Law: Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark: (1) Using the same product on the same product without the permission of the trademark registrant Using a trademark that is the same as its registered trademark; (2) Using a trademark that is similar to its registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to its registered trademark on similar products, which may easily lead to Confusing; (3) Selling goods that infringe the exclusive rights of registered trademarks; (4) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks; (5) Replacing trademarks without the consent of the trademark registrant Registers a trademark and puts the goods with the replaced trademark into the market; (6) Deliberately provides facilities for infringement of the exclusive rights of others' trademarks and helps others to infringe the exclusive rights of trademarks; (7) Grants the exclusive rights of registered trademarks to others causing other damage.

Article 60: Any dispute arising from any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law shall be settled by the parties through negotiation;

Unwilling to negotiate or If negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department to handle the matter.

If the industrial and commercial administration department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered 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, you will be ordered to stop selling by the industrial and commercial administration department.